Arunachal Pradesh agricuture Produce and Livestock Marketing (Promotion and Facilitation) Act 2017

The Arunachal Pradesh Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 188 Vol. XXIV, Naharlagun, Tuesday, May 5, 2018, Visakha 25, 1940' (Saka) GOVERNMENT OF ARUNACHAL PRADESH LAW, LEGISLATIVE AND JUSTICE DEPARTMENT CIVIL SECRETARIAT ITANAGAR - . NOTl7l9J'2f ~ I - The11t~.~ No. Law/Legn-35/2017. - The following Act of Arunachal Pradesh Legislative Assembly which was passed in the Fifteenth Session of the Sixth Legislative Assembly and received the assent of the Governor of Arunachal Pradesh is hereby published for general information. (Received the _assent of the Governor on 7th May, 2018) THE ARUNACHAL PRADESH AGRICULTURE PRODUCE AND LIVESTOCK MARKETING (PROMOTION AND FACILITATION) ACT, 2017 (ACT N0.10 of 2018) An Act to provide for geographical restricted trade transaction of Agriculture produce including livestock across the state and country; to give freedom to the agriculturist to sell their produce across time and space; to enhance transparency in trade operations and price settlement mechanism adoption of electronic and other and innovation form of technology .to promote emergence of multiple channels for competitive marketing, micro agri processing and agriculture export; to encourage investment in developing in markets and marketing infrastructure in state ofArunachal Pradesh; and as such it is expedient to put in place facilitative regulation, professional management and conducive frame work therefore and purposes connected therewith and to lay down procedures and system thereto; Be it enacted by the legislative Assembly of Arunachal Pradesh in the Sixty eighth Year of Republic of India as follows.- CHAPTER-I PRELIMINARY 1. ( 1) This Act may be called "Arunachal Pradesh Agricultural Produce an Livestock Short title, Marketing" (Promotion and Facilitation) Act, 2017. extent (2) It extends to the whole of Arunachal Pradesh. (3) It shall come into force on such date as the State Government may, in the official Gazette notification, appoint. 2. In this Act, unless there is anything repugnant in the subject or context- (1) "Ad-hoc buyer" Include buyer to be registered under Section 74 of this Act; (2) "Agricultural produce" includes all produce, whether processed or not, of agriculture, horticulture, apiculture , forest excluding trees grown on private land to be specified in the Schedule by the State Government from time to time as may be deemed expedient; (a) "Agriculturist" means a person who is engaged in production of agricultural produce including rearing of livestock by himself or byhired labour or otherwise, including tenant; (b) "Agriculturist" also includes association of farmers, by whatever name called. registered under any law for the time being in force and is engaged in aggregation of member farmers' produce including livestock; (Explanation: If a question arises, as to whether any person is an agriculturist or not for the purpose of this Act, the decision of the Deputy Commissioner and commencement Definition. 2 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 of the District shall be final. Further, the expressions of land holder and tenant shall have the meaning assigned to them in the respective Land Reforms Act of the States) (3) "Assaying lab" means a laboratory set up, as prescribed in the Rules/Bye-laws/ guidelines/ instructions, for testing of quality parameters as per the tradable parameters or grade-standards or any other parameters notified by the competent authority; (4) "Board" means theArunachal Pradesh Agricultural Produce Livestock Marketing Board, established by respective State Government of Arunachal Pradesh; (5) "Buyer" means a person, who himself or itself or on behalf of any person or agent buys or agrees to buy agricultural produce including livestock in the market; (6) "Bye-laws" means subject to any Rules made by State Government under this Act, the Market Committee may, in respect of principal market yard and sub­ market yard(s) or other sub market- yard(s) under its management, make Bye­ laws for the regulation of business and conditions of trading therein"; (7) "Cold storage" means cold storage declared as market sub-yard under Section 12 of this Act"; (8) "Commission agent'' me·a'ns a person who buys or sells agricultural produce including livestock on behalf of his principal, or facilitates buying and selling at primary and other level of transaction, on e-platform or any other mode of transaction and activities ancillary thereto , keeps it in his custody and controls it during t.he process of its sale or purchase, and collects payment thereof, if required, from the buyer and pays it to the seller, and receives by way of remuneration a commission or percentage upon the amount involved in such transaction; (9) "Delineated Market Area" means a geographical area notified under Section 5 for the purpose of election of the Members of Market Committee and undertaking marketing related development therein ; (10) "Director" means Director of Agricultural Marketing or any other officer, except Managing Director of State Agricultural Marketing Board, appointed by the State Government by notification to exercise and/or perform such of the powers or functions of the Director of Agricultural Marketing under the provisions of this Act or the Rules, as may be prescribed in notification; (11) "Direct marketing" in relation to agricultural produce, means direct wholesale purchase of 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 under section 13 of this Act; (12) "Electronic trading" means trading of notified agricultural produce including livestock in which registration, auctioning, billing, bookinq.contractinq, negotiating, information exchanging, record keeping and other connected activities are done electronically on computer network/ internet; t (13) "Electronic trading platform" means electronic platform set up either by State Government or its agencies or a person licenced under section 49 for conducting trading in notified agricultural produce including livestock through electronic media .. or by any means of communication in which registration, buying and selling, billing, booking, contracting and negotiating are carried out online through computer network/ internet or any other such electronic device; (14) "Export" means dispatch of agricultural produce including livestock outside India; (15) "Farmer-Consumer Market Yard" means market yard established under section 11 of this Act; (16) "Farmer-Producer Company (FPC)" means a company of farmer-producer members as defined in section IXA of the Indian Companies Act, 1956, including any amendments thereto, re-enactment thereof and incorporated with the Registrar of Companies; (17) "Government" means the State Government of Arunachal Pradesh. (18) "Government Agency" means State Agricultural Marketing Department/ Directorate, Arunachal Pradesh Agricultural Produce and Livestock Marketing Board (APAPLMB), Arunachal Pradesh Agricultural Produce and Livestock Market Committee (APAPLMC) established or constituted under this Act; (19) "Licence" means licence granted under the provisions of this Act; (20) "Licensee" means a person holding a licence issued under the provisions of this Act; (21) "Livestock" means cows, mithun, yak, buffaloes , bullocks, bulls, pigs, goats and sheep, and includes poultry, fish and such other animals, and products thereof, as may be specified in the Schedule by the state Government as may be deemed expedient; The Arunachal Pradesh ·Extraordinary Gazette, May 5, 2018 3 (22) "Managing Director" means Managing Director of the Arunachal Pradesh Agricultural Produce and Livestock Marketing Board or any other Officer, except the Director of Agricultural Marketing appointed by the State Government to exercise and/ or Reform such of the power and functions of the Managing Director. (23) "Market Committee" means the Aqricultural Produce and Livestock Market Committee established under the provisions of this Act or already established if any, under any other law for the time being in force. (24) "Marketing" in relation to agriculture produce means all activities involved in the flow of agricultural produce from production point commencing at the stage of harvest till the same reaches the ultimate consumers viz. grading, processing, storage, transport, channels of distribution and all other functions involved in the process; (25) "Market Sub-Yard" means warehouse/ silos/ cold storage or other such structure or place declared to be market sub-yard or deem to be market sub-yard under section 12; (26) "Market Yard" in relation to delineated market area includes principal market yard, sub -market yard and market sub-yard in such delineated market area notified by the Government, and managed and operated by the Agricultural Produce and Livestock Market Committee; (27) "Market Yard of National Importance" means a market yard as notified under Section 9 of this Act; · (28) "National Agriculture Market (NAM)" means an integrated market, without prejudice to any law for the time being in force, where buying and selling of notified agricultural produce including livestock and activities incidental thereto are carried out in India possessing marketing utility across time and space"; (29) "Notified Agricultural Produce and Livestock" means agricultural produce and livestock, as may be specified in the Schedule of this Act by the state Government from time to time as may be deemed expedient; (30) "Over trading" in relation to a trader means the amount exceeding the value of the agricultural produce including livestock purchased at any point of time vis-a-vis to the amount of security deposited with or the bank guarantee he has furnished to the Market Committee; (31) "Petty Trader" in relation to agricultural produce means a non licensee trader under this Act who carries on purchasing or selling of notified agricultural produce in the quantity not exceeding of such quantity as specified in this Act and notified by the State Government· as retail ; (32) "Prescribed" means prescribed by Rules and/or Bye-laws made under this Act; (33) "Private Market Yard" means a market yard established under section 10 of this Act; (34) "Processing Unit" means processing unit declared as market sub-yard under Section 12 of this Act"; (35) "Processor" in relation to agriculture produce means a person that undertakes processing of any notified agricultural produce on his own accord or on payment of a charge; (36) "Registration" means registration made under this Act for the purpose as may be specified; (37) "Regulation" means regulation made by the Board under section 92 in accordance with the provisions of this Act; (38) "Retail Sale" in relation to a notified agricultural produce means, a sale not exceeding such quantity as specified in this Act and notified by the State Government ; (39) "Revolving Market Development Fund" means a non-lapsable fund maintained by Director under section 101 (1) of this Act; (40) "Rules" means rules made under this Act by the State Government; (41) "Seller" means a person who sells or agrees to sell agricultural produce including livestock for consideration of price; (42) "Schedule" means the Schedule to be made by the Government from time to time, as may be deemed expedient; (43) "Silo" means silo declared as market sub-yard under Section 12 of this Act; ( 44) "Special Commodity Market Yard" means a market yard as notified under section 8 of this Act; (45) "State" means a State as specified in 1s1 Schedule of the Constitution of India; 4 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 CHAPTER-II ESTABLISHMENT OF MARKETS 3. (1) The state Government may, by notification in the Official Gazette, declare its · intention of regulating the marketing of such of agricultural produce and livestock, in the State, as may be specified in the notification. The notification may be brought to the notice of the interested public by publishing in local language & English on widely circulated platforms/ media like newspapers, websites and such other formats: inclusion of notified area under municipality may done after due consultation with municipal cooperation, as case may be. (2) The notification under sub-section (1) shall state that any objections or suggestions which may be received by the Government within such period as shall be specified in the notification, not being less than thirty days will be considered by the Government (3) Government may hold consultations with Local Bodies, including Panchayati Raj Institute (PRls) who own and operate periodical markets or haats or any other such markets for marketing of agricultural produce and livestock within their jurisdictional area, to bring such markets under the regulation of this Act, so as to develop these markets to efficiently function as marketing platform nearest to the farm gate.· 4. Subject to the notification made under Section 3 and after considering such objections and suggestions as may be received from any source before expiry of such period,the State Government may,by another notification, declare the whole State as one unified market area specified in the notification issued under Section 3 for the purpose of regulation of marketing of all or any of the kinds of agricultural produce and livestock specified in the notification issued under section 3 of this Act Explanation: The area so declared shall be a single unified market area for the whole State for regulation of marketing of notified agricultural produce and livestock. 5. Subject to the provision made in sections 3 and 4, the State Government may, by further notification, delineate geographical area for a Market Committee as a delineated market area for the purpose of election of the Members of such Market Committee and undertaking developmental activities therein. Explanation: The Market Committee shall not regulate marketing. of notified agricultural produce and livestock in its delineated market area. The Market Committee will enforce regulation on marketing of notified agricultural produce and livestock within the principal market yard, sub-market yard(s) and market sub-yard(s). Alteration/ 6. (1) Subject to the procedure specified in sections 3 and 5, the State Government Amalgamation may, at any time by notification , exclude from any delineated market area, any of delineated area or include therein an additional area or split one delineated market area in market two or more such areas or amalgamate two or more such areas in one delineated market area, or may exclude any notified agricultural produce and livestock · from regulation , or include any agricultural produce and livestock , hitherto not regulated, for regulation under this Act (2) After the alteration of delineated market area or the items of agricultural produce and livestock, if any, under section 5, it shall not be necessary for the Director to make any declaration under this section unless he is of the opinion that it is necessary to declare any area, hitherto not declared, as delineated market area of any Market Committee. 7. (1) In a State, there may be- (a) principal market yard(s) managed by the Market Committee; (b) sub- marketyard(s) managed by the Market Committee;\ (c) market sub-yard (s) managed by the Market Committee; (d) private market yard(s) managed by a person, holding a licence under section 10 ; Notification of intention of Regulating marketing of specified agricultural produce. Declaration of whole State as one unified market area. Notification of delineated market area. area and of items of agricultural produce and livestock. Principal market yard, market sub-yard, private market yard,private market sub-yard, farmer-consumer marketyard, private farmer­ consumer (46) "Trader" means, a person who buys notified agricultural produce including livestock either for himself or as an agent of one or more persons for the purpose of selling, processing, manufacturing or for any other purpose, as the case may be , except for the purpose of domestic consumption ; (47) "Year" means the year as may be notified by the State Government of Arunachal Pradesh; (48) "Warehouse" means warehouse declared as market sub-yard under Section 12 of this Act". .. • (e) private market sub-yard(s) managed by a person ,holding a licence under section 12; The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 5 8. (1) (f) farmer-consumer market yard(s) managed by the Market Committee; market and '(g) private farmer-consumer market yard(s) managed by a ·person, holding a electronic licence under section 11 ; trading (h) electronic trading platforms. platform. (2) The State Government shall, as soon as possible after the issue of notification under Sections 4 and 5, by a notification, declare any 'place' in the delineated market area as principal market yard or sub-market yard or market sub-yard or farmer-consumer market yard, as the case may be, managed by a Market Committee, for the purpose of regulation of marketing of notified agricultural produce and livestock, expressly or impliedly in physical , electronic or other such mode, under this Act. Explanation: In this sub-section (2) , the expression 'place' shall include any structure, enclosure, open space locality, street including, warehouse/silos/pack house/cleaning, grading and packaging and processing unit vested in the Market Committee of the delineated market area. (3) The State Government may, by notification, declare a 'place', licenced under section 70, to be private market yard, private market sub- yard, private farmer­ consumer market yard, as the case may be, for marketing of notified agricultural produce and livestock, expressly or impliedly in physical, electronic or other such mode, under this Act. Explanation: In this sub-section (3), the expression 'place' shall include any structure, enclosure, open space locality, street including warehouse/silos/pack house/cleaning grading & packaging and processing unit vested in the person licenced for the purpose under this Act. The State Government may designate any-existing market yard established under section 7 (2) as "Special Commodity Market Yard" or establish and notify any market yard as "Special Commodity Market Yard"after consideration of such aspects as throughput of particular agriculture produce and livestock and special infrastructure requirements therefore. It may be- (i) fruits, vegetables and flower markets, including onion market, apple market, orange market and other such market; (ii) cotton market; Establishment and notification of "Special Commodity Market Yard". (iii) medicinal and aromatic plants market; (iv) livestock market including camel market, fish market, poultry market and other such market; and (v) any other such markets. (2) All provisions for and in relation to the. Market Committee made under this Act shall mutatis mutandis apply to the Market Committee established for "Special Commodity Market Yard". . 9. The State Government may designate and notify any existing market yard established under Section 7 (2) as "Market Yard of National Importance" or establish and notify any market as "Market Yard of National Importance" After consideration of such aspects as total throughput, value, upstream catchment area, down-stream number of consumers served and special infrastructure requirements therefor: Provided that the market yard handling not less than such annual tonnage or such annual value, as may be prescribed. may be considered for conferring the status as the "Market Yard of National Importance". I Provided further that out of such annual tonnage or such annual value, 30 per cent may arrive from not less than two other States. 10. (1) Subject to such reasonable conditions and such fee as may be prescribed, the Establishment Director or the Officer authorized by him may grant a licence to a person to of private establish a private market yard, for trading of notified agricultural produce and market yard. · livestock. Establishment and notification of"Market Yard of National Importance (MNI)". (2) The private market yard licensee, or its management committee, by whatever name it is called, may register commission agents and other market functionaries to operate in the licenced private market yard. (3) The private market yard licensee, or its management committee, may collect user charge on notified agricultural produce and livestock transacted in the private market yard; at the rate ad valorem not exceeding the rate as notified by the Government: . . Provided that no user charge shall be collected from agriculturist-seller. (4) The private market yard licensee shall contribute, of such user charge collection and registration fee, to the separate "Revolving Marketing Development Fund" maintained by the Director at the rate in percentage at par with Market Committee. 6 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Establishment offarmer­ consumer market yard ( direct sale of agricultural produce by farmer to consumer in retail). Declaring warehouse/ silos/cold storage or· other such structure or place as market sub-yard. Direct 13. marketing (wholesale direct purchase from farmers outside the market yard, sub-market yard, private market yard). (5) The Director will spend the money from such Fund under sub-section (4) in development of common marketing infrastructure, skill development, training, research and pledge financing and such other activities as will aid in creating an efficient marketing system in the State/ Country. (6) The private market licensee shall formulate a Standard Operating Procedure (SOP) for conduct of business and activities ancillary thereto in the licenced private market yard. 11. (1) Subject to such terms and conditions and fee, as may be prescribed, the Director or the Officer authorized by him, may grant licence to a person to establish farmer-consumer market yard for marketing of specified agricultural produce in retail. (2) Such farmer-consumer market yard · may be established by a person by developing infrastructure, as may be prescribed, and at a place accessible to both farmer(s) and consumer(s): Provided that the consumer shall not purchase more than such quantity of agriculture produce at a time in this market, as may be prescribed. (3) The farmer-consumer market yard licensee may collect the user charge on the sale of agriculture produce from the seller and arnountso realized shall be retained by farmer-consumer market yard licensee: Provided further that the State Government in public interest may from time to time, by notification, put ceiling on the rate of collection of user charge. 12. (1) Save as otherwise provided in this Act, the State Government may, by notification declare warehouse/ silos/ cold storage or other such structure or place with infrastructure and facilities as maybe prescribed, to function as market sub-yard. Explanation: The expression 'place' under this sub-section shall include any structure, enclosure, open space, locality, street including pack house/cleaning grading and processing unit etc. (2) The owner of such warehouse/ cold storage, or other such structure or 'place', as the case may be, desirous of declaration of such place as market sub-yard under sub-section (1 ), shall apply to the Director or an Officer authorized by him, in such form and in such manner and such fee; and also for such period but not less than three years, as may be prescribed. (3) The licensee of such warehouse/ silos/ cold storage or other such structure or place, may collect user charge on notified agricultural produce transacted at the declared market sub-yard under section 12, at the rate ad valorem not exceeding the rate as notified by the state Government. Provided that no user charge shall be collected from agriculturist-seller (4) A declared market sub- yard licensee shall contribute, of such user charge collection, to the separate "Revolving Marketing Development Fund" maintained by the Director at the rate in percentage at par with Market Committee. The Fund will be utilized for the purposes and in the manner mutatis mutandis to section 10 (5) of this Act. (1) Collection/aggregation centres in the proximity of the production areas may be set up by a person with infrastructure, as may be prescribed, with linkages to retail chain, or processing/export unit/premises, or any other such unit/premises, as may be prescribed, in accordance with the provisions of this Act and Rules made thereunder for marketing of notified agricultural produce. (2) Notwithstanding anything contained under sub- section (1 ), direct wholesale purchase can also be carried out outside the principal market yard, sub- market yard, market sub-yard, private market yard by declaring the· place of such purchase, without establishment of any permanent collection/aggregation centre, · as may be prescribed. (3) Direct marketing licensee shall have to maintain records and all accounts relating to daily trade transactions and shall submit monthly report, as may be prescribed, to the Licensing Authority. (4) The Licensing Authority can seek any type of additional information from the direct marketing licensee; and can also inspect and issue direction relating to functioning of the such wholesale purchases and the activities incidental thereto. (5) The direct marketing licensee shall be liable to pay one-fourth of the applicable market fee on wholesale purchases made. The such licensee shall deposit the due amount towards "Revolving Marketing Development Fund" maintained by Director for the month by 7th day of the next month. The Fund will be utilized for the purposes and in the manner mutatis mutenoi« to Section 1 O (5) of this Act. The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 7 (6) Notwithstanding anything contained in the Essential Commodities Act, 1955 arid Control Orders issued thereunder or any other law for the time being in force, the provision of stock limit shall not be applicable on such direct marketing licensee purchasing the agricultural produce for processing/ export to the extent of his/ its annual capacity of processing/ export. However, in case any dispute arises between the provisions of this Act and Essential Commodities Act, 1955, the latter shall prevail. CHAPTER-Ill CONSTITUTION OF MARKET COMMITTEE 14. (1) For every delineated market area, there shall be a Market Committee Establishment consisting of a Chairperson, a Vice-Chairperson and other Members. of Maket (2) Every Market Committee established under this Act shall be a body corporate its by such name as the State Government may, by notification, specify. It shall incorporation. have perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract, acquire, hold, lease, sell or otherwise transfer any property, both immovable and movable and to do all other things necessary for the purpose for which it is established: · · Provided that no immovable or moveable property the value of which exceeds the prescribed limits shall be acquired or disposed of by the Market Committee without the prior permission of the State Government. Provided further that the State Government. may, for the reason to be recorded in writing, revoke such permission before the completion of the acquisition or execution of the deed, as the case may be .. Provided also that Market Committee may, with the prior approval of the State Government. and after obtaining .valuation certificate from the prescribed officer, enter into agreement with the owner of any land or building and purchase such land or building. · (3) Notwithstanding anything contained in any enactment for the time being in force, every Market Committee shall for all purposes, be deemed to be a local authority. ( 4) The Market Committee shall be classified by the Director, subject to the prescribed guidelines, considering throughput and other consideration as Director deems fit, .: for the purpose of laying down the norms for staff, establishment expenditure and other expenses and allowances required therefor. (1) The Market Committee may require a local Authority to transfer to it any land or building beionging to the local Authority which is situated within the delineated market area and which, immediately before the establishment of the market yard was being used by the local Authority for the purposes of the market and the local Authority shall within one month of the receipt of the requisition, transfer the land and or building, as the case may be, to the Market Committee on such terms as may be agreed between them. (2) Where within a period of thirty days from the date of receipt of requisition by the local Authority under sub-section ( 1) no agreement is reached between the local Authority and the Market Committee under the said sub-section, the land or building required by the Market Committee shall vest in the Market Committee for the purposes of this Act and the Local authority shall be paid such compensation as may be determined by the Collector under sub-section (5): . 15. Provided that no compensation shall be payable to a local Authority in respect of any land or building which had been vested in it by virtue of the provision contained in the enactment relating to the Constitution of such local Authority without payment of any amount whatsoever may be, for such vesting. Provided further that any party aggrieved by the order of the Collector may within thirty days from the date of such order, appeal to the State Government. (3) The local Authority shall deliver-possession of the land or building vesting in the Market Committee under sub- section (2) within a period of seven days from such vesting and on failure of the local Authority to do so, within the period aforesaid, the Collector shall take possession of the land or building and cause it to be delivered to the Market Committee. (4) The Collector shall fix the amount of compensation for the land or building having regard to - (i) the. annual rent for which the building might reasonably be expected to be let from year to year; Committee and Vesting of property of Local Authority in Market Committee. 8 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Acquistion of 16. land for Market Committee and/ or Board. Consitution of the first Market Committee. (ii) the condition of the building; (iii) the amount of compensation paid by the Local Authority for the acquisition ofsuchland;and (iv) the cost of the present value of any building erected or other work executed on the land by the Local Authority. (5) The compensation fixed under sub-section (4) may, at the option of the Market Committee, be paid in lump sum or in reasonable number of equal instalments with interest thereon as the Collector may fix. (1) When any land within the delineated market area is required for the purposes of this Act, and the Board or the Market Committee is unable to acquire it by agreement, the State Government may, at the request of the Board or the Market Committee, as the case may be, proceed to acquire such land under the provisions of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and/or any other relevant Law of State of Arunachal Pradesh, as amended upto date and on the payment of the applicable compensation awarded under that Act by the Board or Market Committee and of any other charges incurred by the Government in connection with the acquisition, the land shall vest in the Board or the Market Committee, as the case may be: · Provided that once a proposal is made by the Market Committee, it shall not be withdrawn by it except for such reasons as may be approved by the State Government. (2) The Board or the Market Committee shall not, without the previous sanction of the State Government, transfer any land which has been acquired for this purpose by the Board or the Market Committee under sub-section (1) or divert such land to a purpose other than the purpose for which it has been acquired : Provided that the premises used for principal market yard, sub- market yard or for the purpose of the Board shall be deemed to be included in the limits of the Municipal Council, Notified Area, Gram Panchayat or a Special Area Development Authority, as the case may be, if such market yard is situated in such area. 17. ( 1) The Market Committee shall be constituted, for a delineated market area declared after commencement of this Act, all the members thereof including Chairperson and Vice-Chairperson, shall be nominated by the State Government. The Market Committee so constituted may consist of Members including Chairman and Vice-Chairperson, not less than Ten, which may include three agriculturist members, as may be prescribed. Other five Members may be- (i) Three Members , one each from departments of agriculture/ horticulture, cooperation and agricultural marketing committee of the Government/ Administration ; (ii) One from cooperative marketing society or Trader (iii) one from Local Authority ( municipality, Panchayat samiti or Zila Parishad, as the case may be). Provided that the Chairperson be the Deputy Commissioner or his nominee and Vice-Chairperson shall be so nominated from amongst the agriculturist members. Provided further that State Government may abide by the reservation policy of the State Government in nomination of agriculturist Members. · (2) The Government or the Director shall, by an order, appoint a person to be the Officer-in-charge as Secretary of the Market Committee for a period not exceeding one year amongst the Agriculture Officer. Provided that in the event of death, resignation, leave or suspension of the officer-in-charge, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as may be, by appointment of a person thereto by the State Government or the Director and until such appointment is made, a person deputed/ nominated by the Director shall act as Officer-in­ charge. The services of Officer-in-charge shall be co-terminus with the first Market Committee. Provided further that the state Government or the Director may, on proven misconduct, even before expiry of the period aforesaid, dismiss any Member including the Chairperson and Vice-Chairperson. In such event, a casual vacancy shall be deemed to have occurred and such vacancy shall be filled, as soon as may be, by nomination of a person thereto, as the case may be, by the state Government/ Administration or the Director. The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 9 18. ( 1) The State Government shall, by notification or otherwise, divide a delineated market . area into as much number of constituencies equal to the number of the representatives of the agriculturist to be chosen from such area but not less than · ten. (2) In case of direct election/selection for agriculturist Members to a Market of Committee, reservation of seats for Scheduled castes, scheduled tribes, other backward classes and women will be as per the State Government policy, as may be prescribed. 19. ( 1) _ Every person - (a) whose name is entered as land owner in the village land records or is a tenant as per the State's respective Land Reforms Act ; (b) who has completed the age of 18 years; and (c) whose name is included in the voter's list prepared under the provisions of this Act and the Rules made thereunder, shall be qualified to vote at the election of a representative of agriculturists: Provided that no person shall be eligible to vote in more than one constituency. (2) No person shall be qualified to be elected as a representative of agriculturists unless- Division divide a Delineated market area for constituencies and reservation of seat. Qualificaiion to vote and be the representative of agriculturist. (a) his name is included in the list of voters as agriculturist of the delineated market area; (b) he is otherwise not disqualified for being so elected under the provisions of this Act or any other law for time being in force. (3) No person shall be eligible for election/ selection for more than one Market Committee or constituency as the case may be 20. (1) The Vice-chairperson and elected/ selected Member shall, save as otherwise Term of the provided in this Act, hold office for a term of 3 years from the day of assuming the· office of office or till the continuation of Market Committee, whichever is earlier. Member. (2) Notwithstanding anything contained in sub-section (1), a person who is a nominated Member of Market Committee by virtue of being a representative of co- operative marketing society, agriculture/ horticulture department and Gram Panchayat or Zilla Panchayat, as the case may be, shall cease to be such member on his ceasing to be a Member of the rnanaqinq committee of the society or Gram Panchayat or Zilla Panchayat concerned by efflux of his term of office or otherwise, or re-nomination by the department, as the case may be . . 21. The term of office of the Vice-Chairperson and elected Members of a Market Committee Commen­ shall commence on the date immediately after the expiry of the term of office of the cement of outgoing office bearer of the Market Committee or on the date of first meeting of the terms of office committee convened. of Members. 22. A Member of the Market Committee other than ex officio Member may resign from Resignation his membership in writing delivered or caused to be delivered to the Chairperson of of Members. the Market Committee who shall acknowledge the receipt of the same and the seat . of such Member shall become vacant on the expiry of fifteen days from the date of acknowledgement of resignation unless within such period such Member withdraws · his resignation in writing addressed to the Chairperson. The Vice-Chairperson may resign from their office at any time in writing addressed to the Minister, in-charge of agricultural marketing committee and the Chairperson respectively; arid the office shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless within the said period of fifteen days they withdraw the resignation in writing addressed to the Minister, in-charge of agricultural Marketing committee or Chairperson, as the case may be . Subject to the Rules made in this behalf, every .Chairperson and every Vice­ Cbairperson or officiating as Chairperson/ Vice Chairperson, who absents himself from three consecutive meetings of the committee, without leave of the Minister ,in-charge of agricultural marketing committee, shall cease to be the Chairperson on and from the date on which the such third meeting is held. (2) Subject to the provisions. of sub-section (1 ), every Vice- Chairperson, . who absents himself from three consecutive meetings of the committee, without leave of the Chairperson, shall cease to be the Vice-Chairperson on and from the date on which the such third meeting is held. 23. (1) 24. (1) Resignation by Members. Leave of absence of Chairperson and Vice­ Chairperson and consequenc::os of absence without leave. 10 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Refusal to hand over the charge to new Vice-­ Chairperson. Seizure and taking possession of record and property of Market Committee under certain conditions. Establishment and Composition of Market Committee of MNI. Appointment and functions of Secretary of the Market Committee of MNI. (3) Leave under sub-section (1) or (2) shall not be granted for six consecutive meetings of the Market Committee. Whenever such leave in extreme exigencies as prescribed is granted to the Chairperson or Vice- Chairperson, the Market Committee shall elect such eligible members to discharge the duties and functions as Chairperson and Vice-Chairperson of the Market Committee, as may be prescribed. 25. (1) On election of the Chairperson or Vice-chairperson, as the case may be, the outgoing Chairperson or Vice-Chairperson shall forthwith hand over the charge of his office to the successor in office. (2) If the outgoing Chairperson or Vice-Chairperson to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any Officer authorized in this behalf shall have the same powers as are vested in a Civil Court under the code of Civil Procedure, 1908 (5 of 1908) while executing a decree. 26. ( 1) Where the Director/Managing Director is satisfied that the books and records of a Market Committee are likely to be suppressed, tampered with or destroyed, or the funds and property of a Market Committee are likely to be misappropriated or misapplied, the Director/Managing Director may order for seizure and taking possession of the record and property of the Market Committee. (2) . On receipt of the Order under sub-section (1 ), the police officer not below the rank of sub-Inspector of the local area shall enter and search any place where the records and property are kept or are likely to be kept and to seize them and hand over possession thereof to the Director/ Managing Director or the person authorized by him, as the case may be. 27. (1) Save as provided under Section 14(1 ), the State Government may, by notification, constitute a separate Market Committee for effective implementation of provisions of this Act for such market yard(s) located in he State which is/ are considered .as the Market Yard (s) of "National Importance" (MNI). (2) All provisions for and in relation to the Market Committee, including election of Chairperson, Vice-chairperson and Members made in the Act, shall mutatis mutandis apply to the Market Committee constituted for "Market yard of National Importance". (3). Save as provided under this Act, Market Committee of Market Yard of National Importance shall consist of - (i) Chairperson 1 (ii) Vice-Chairperson 1 (iii) Agriculturist. 5 including 2 agriculturists one each from two other States where from arrivals are received in the MNI ( to be nominated by respective State Governments on receipts of requests for such nomination received from the Government where MN.I is located). (iv) Trader holding the single unified licence, resident of a delineated market area, possessing such qualifications, as may be prescribed, elected from amongst the licenced traders resident ofsuch delineated market area of MNl. 1 (v) Trader holding the inter-state trading licence nominated by the State Government, as may be prescribed --------0---------1 (vi) One representative of licenced commission agent as member, as may be prescribed-----1 (vii) Agricultural Marketing Adviser to the Government of India or· his nominee not below the rank of Under Secretary to Government of India __ :_ 1 (x) Director or his nominee (ex-officio) -------------------------1 (xi) M. D/ CEO. APAPLMB ( ex- officio) or his nominee----------------1 (xii) Executive Member (to be appointed by the Government, who shall function as the Secretary Market Committee of MNl)----~------------------1 28. The Secretary functioning as Chief Executive Officer of the Market Committee shall be appointed by the Government/ from amongst the State's Civil Service Officers at least with ten years of service or from the panel of professionals so maintained or on deputation from Central/ State Government with experience of 10 years in agricultural marketing. The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 11 29. (1) The Executive Committee for MNI shall consist of - (i) Chairperson of MNI. ·.· 1 (ii) Trader holding the single unified licence of MNI 1 (iii) Director or his nominee (ex-officio) 1 (iv) M.D.,APAPLMB (ex-officio) 1 (v) Executive Member of the Market Committee of MNI who shall be as the member Secretary of the Executive Committee 1 (2) In case of emergency, the executive committee may decide issues requiring approval of the Market Committee. However, such decisions shall be approved by the Market Committee within forty five days from the date such decisions are taken. Failure in doing so or in the event of disapproval of such decisions by the market committee, such decision shall stand null and void, so however, that any such disapproval shall be without prejudice to the validity of anything previously done under that decision: Provided that if the Market Committee makes any modifications in such decision, the decision shall have effect only in such modified from the date of such modification. Executive Committee of MNI. (3) The Executive Committee shall meet as often as necessary but at least once in three calendar months. 30. The Members of the executive committee shall hold the office during the pleasure of Term of office the State Government. of Members of the Executive Committee of MNI. 31 .. .All other provisions of this Act, not specified for "Market yard· of National Importance", shall mutatis mutandis apply to MNI established and notified under Section 9 of this Act. CHAPTER -.IV CONDUCT OF BUSINESS AND POWERS AND DUTIES OF CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY AND MARKET COMMITTEE (1) · Without prejudice to the powers conferred under any other provision of this Act, the Chairperson of the Market Committee shall be the chief controlling and supervising officer of the Market Committee. (2) The Chairperson shall- ( a) preside over the meetings of the Market Committee and the sub-committees and conduct business of such meetings; (b) watch over the financial, developmental and executive administration; (c) in case of emergency, direct the execution of stoppage of any work or the doing of any act which requires the sanction of the Market Committee. 33. The Vice -Chairperson of the Market Committee shall- 32. Other provision of this Act also to apply to Market yard to National Importance. Powers and duties of Chairperson. Powers and duties of Vice­ Chairperson. (a) save as otherwise provided in this Act or the Rules, in the absence of Chairperson, preside over the meeting of the Market Committee; (b) exercise the powers and perform the duties of the Chairperson pending the election of the Chairperson or during the absence of the Chairperson. 34. The Market Committee shall meet for the transaction of its business at least once in Meeting etc. of every three months on such date and at such time, as the Chairperson may the Market determine: Committee. Provided that the Market Committee may, in special circumstances meet at any time and at any place in the delineated market area, as may be prescribed. 35. One-third of the total number of Members of Market Committee shall form a quorum for transacting the business at a meeting of the committee. The procedure of the meeting will be followed, as may be prescribed. Quorum and procedure at meeting. 12 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Powers and duties of the. Market Committee. 36. ( 1) Subject to the provisions of this Act, it shall be the duty of the Market Committee­ (i) To implement the provisions of this Act, the Rules and the Bye-laws made thereunder in the principal market yard, sub-market yard (s) and market sub­ yard(s). (ii) To provide such facilities for marketing of notified agricultural produce including livestock therein as the Director/Managing Director or the State Government may from time to time direct (iii) To perform such other acts as may be required in relation to the superintendence, direction and control of principal market yard, sub-market yard (s) and market sub-yard] s) or for facilitatinq marketing of notified agricultural produce including livestock therein, and for the purposes connected with the matters aforesaid, and for that purpose may exercise such powers and discharge such functions as may be provided by or under this Act (iv) To do all such other acts to bring about complete transparency in pricing system and transactions taking place in the principal market yard, sub-market yard (s) and market sub-yard (s). (2) Without prejudice to the generality of the forgoing provisions, Market Committee shall - (i) maintain and manage the principal market yard, sub-market yard(s) and market sub-yard(s) within the delineated market area; (ii) provide the necessary facilities for the marketing of notified agricultural produce including livestock within the principal market yard, sub-market yard(s) and market sub-yard(s) in the delineated market area; (iii) grant/ renew a licence to market functionaries, except traders, or refuse it to do so; (iv) suspend or cancel licence granted/ renewed to market functionaries, except traders, and supervise the conduct of the market functionaries and enforce conditions of licence; (v) regulate or supervise the auction, including e-auction of notified agricultural produce including livestock in accordance with the provision and procedure laid down under the Rules made under this Act or Bye-laws of the Market Committee; (vi) regulate the making, carrying out and enforcement or cancellation of agreements of sales, weighment, delivery, payment and all other matters relating to the market of notified agricultural produce including livestock in the manner prescribed; (vii) provide for the settlement of all disputes between the seller and the buyer arising out on any kind of transaction, including· online, connected with the marketing of notified agricultural produce including livestock and ali matters ancillary thereto; (viii) promote Public Private Partnership for carrying out extension activities ir. its delineated market area viz., collection, maintenance and dissemination of information in respect of production, sale, storage, processing, prices and movement of notified agricultural produce; (ix) take measures for the prevention of purchases and sales below the minimum support prices as fixed by the State government from time to time; (x) levy, take, recover and receive rates, charges, fees and other sums of money to which the Market Committee is entitled; (xi) employ the necessary number of Officers and servants for the efficient implementation of the provisions of this Act, the Rules and the Bye-laws as prescribed; (xii) prosecute persons for violating the provisions of this Act, the Rules and the Bye-laws and compound such offences; (xiii) acquire land and dispose of any moveable or immovable property for the purpose of efficiently carrying out its duties; (xiv) impose penalties on persons who contravenes the provisions of this Act, the Rules or the Bye-laws or the orders or directions issued under this Act, the Rules or the Bye-laws by the Market Committee , its Chairperson or by any Officer duly authorised in this behalf; _The Arunachal Pradesh Extraordinary Gazette, 'May 5, 2018 13 (xv) institute or defend any suit, prosecution, action, proceeding, application or arbitration and compromise such suit, action proceeding, application or arbitration; (xvi) handle the issues relating to pay, pension, allowances, gratuities, contribution towards leave allowance, provident Fund of the officers and servants employed by the Market Committee iri the manner prescribed; (xvii) administer Market Committee Fund referred to in section-77 and maintain the account thereof in the prescribed manner; (xviii) carry out publicity about the benefits of regulation, the system of transaction, facilities provided in the principal market yard, sub- market yard (s) , etc. through such means as poster, pamphlets, hoardings, cinema slides, film shows, group meetings, electronic media etc., or through any other means considered more effective or necessary; and (xix) ensure payment in respect of transactions which take place in the principal market yard, sub-market yard(s) and market sub-yard(s) orate-platforms to be made on the same day to the seller or in the maximum next day, if procedurally so required. In default to make the payment as aforesaid, provisions of section 60 (2) will apply. Save as provided in this clause, procedure · of payment to the seller in case of e-trading will be mutatis mutandis to section 54(2). (3) Without prejudice to the generality of the forgoing provisions, Market Committee may- take all possible steps to prevent adulteration of notified agricultural produce including livestock, if any; · set up and promote Public Private Partnership in management of the agricultural markets; promote linking of consumers to farmers or their groups through appropriate digital technology; regulate the entry of persons and vehicles, traffic into the principal market yard, sub-market yardts) and market sub-yard(s) vesting in the Market Committee; inspect and verify scales, weights and measures in use in a market yard and sub- market yard and also the books of accounts and other documents maintained by the market functionaries in such manner as may be prescribed; (vi) arrange to obtain fitness (health) certificate from veterinary doctor in respect of animals, cattle birds etc., which are bought or sold in the principal market yards, sub- marker yard(s), and market sub-yard(s); (i) (ii) (iii) (iv) (v) (vii) recover the charges in respect ofweighmen and ham ma ls (loaders) and distribute the same to weighmen and hammals (loaders/unloaders) if not paid by the purchaser/seller as the case may be; (viii) collect and maintain information in respect of production, sale, storage, processing, prices and movement of notified agricultural produce and disseminate such information as directed by the Director/ Managing Director/ State Government; and (ix) reasonably act in the mannerthattraders do not hoard the agricultural produce and market functionaries may not form any cartel to jeopardize the interest of agriculturist-sellers. (4) With the prior sanction of the Director/Managing Director, the Market Committee may undertake - (i) construction of internal/connecting roads, godowns and other infrastructure in the Principal market yard, sub-market yard (s), market sub-yard (s) and delineated market area to facilitate marketing of agricultural produce including livestock and for the purpose give grant or advance Funds to the Board, or any other Department or undertaking of the State Government or any other agency a~thorized by the Director/ Managing Director; maintenance of stocks of fertilizer, pesticides, improved seeds, agricultural equipments, inputs for sale and establish Soil Testing Laboratories; and to provide on rent storage facilities for stocking of agricultural produce to agriculturists. (ii) (iii) 14 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Appointment of sub-committee and delegation of powers. Power to borrow. (5) To promote and encourage e-trading, Market Committee may establish regulatory system, create infrastructure and undertake other activities and steps needed thereto. (6) Market Committee may establish or allow to be established third party assaying/ testing labs, and, therefore, constitute a committee, as may be prescribed , to promote assaying, grading and activities and services incidental thereto. 37. Subject to such conditions and restrictions as may be prescribed, the Market Committee may appoint one or more sub-committees consisting of such Members of the committee, as it may think fit, for the performance of any of its duties or functions, as it may think fit to assign. 38. (1) The Market Committee may, with the previous sanction of the Director/ Managing Director, raise money from banks , financial institutions or issue debentures required for carrying out the purpose for which it is established on the security of any property vested in it and of any fees/user charge leviable by it under this Act. . (2) The Market Committee may, for the purpose of meeting the initial expenditure on lands, building, staff and equipments required for establishing the market, obtain a loan from the Government or State Agricultural Marketing Board or other financial institution. (3) · The conditions subject to which money or loan under sub-section (2) shall be raised or obtained and the time within which the same shall be repayable shall be subject to the previous sanction of the State Government, or the Director or the Managing Director. 39. (1) The Market Committee may accept from any person who has committed or is reasonably suspected of having committed an offence ( other than contravention of section 59 against this Act or the Rules or Bye-laws, made thereunder by way of compounding of such offence - (a) Where the offence consists of the failure to pay or the evasion of any fee/ user charge, or other amount recoverable under this Act or the Ru!es or the Bye- laws in addition to the fee/user charge or other amount so recoverable a sum of money not less than the amount of the fee or ether amount and not more than five times the amount of fee or other amount to the maximum extent of rupees ten thousand. (b) In other cases a sum of money not exceeding ten thousand rupees. (2) On the compounding of any offence under sub-section (1), no proceer.iing shall be taken or continued against the person concerned in respect of such an offence, and if any proceedings in respect of that offence have already been instituted against him in any court, the compounding shall have effect of his acquittal. Power to write 40. The Market Committee may write off any fee/user charge or amount whatsoever off irrecoverable due to it, whether under a contract or otherwise, or any amount payable in addition fee etc. therewith if in its opinion such a fee/user charge or an amount is irrecoverable: Compounding of offences. Power to remove encroachment on market yard. use of weighi:1g instruments, weight and measure, their inspection. " Provided that the Market Committee shall, before writing off any such fee/ user charge, or amount obtain the sanction of the Managing Director, if the fee or amount exceed rupees Fifty thousand. 41. Any officer or servant of the Market Committee, empowered by the State Government in this behalf, shall have power to remove any encroachment in a space in the principal market yard and sub-market yard (s) and the expenses of such removal shall be paid by the person who has caused the said encroachment and shall be recovered in the same manner as arrears of land revenue. 42. (1) Only electronic weighing instruments which also satisfy the requirements of such weights and measures as are prescribed in any other law for time beir.g in force and the Rules made thereunder shall be used for weighing or measuring agricultural produce including livestock, as required, in the Principal market yard , sub-market yard (s), market sub-yard(s)., private market yard (s) and farmer -consumer market yard(s): Provided that in transactions of sale and purchase of agricultural produce including livestock, as the case may be, electronic balance shall preferably be used. (2) Weighing instruments, weights and measures kept by the committee under this section may at any time be inspected, examined and checked by the Director or the Managing Director or any other authorized Officer. The Arunachal Pradesh Extraordinary Gazette.May 5, 2018 15 43. (1) Every contract or agreement entered into by a Market Committee for the purchase, Mode of making sale, lease, mortgage or other transfer of, or acquisition of interest in immovable contract. property shall , in writing, be executed on behalf of Market Committee jointly by its Chairperson, Vice- Chairperson and the Secretary , with the sanction of the Market Committee, as may be prescribed. (2) No contract other than a contract executed as provided in sub-section (1) shall be valid and binding on the Market Committee. 44. No act of Market Committee or of any sub-committee thereof or of any person acting as a member, Chairperson, Vice-Chairperson, presiding authority or the Secretary shall be deemed to be invalid by reason only of some defect in the constitution or appointment of such Market Committee, sub-committee, Members, Chairperson, Vice-Chairperson, presiding authority or the Secretary or on the ground that they or any of them were disqualified for such office, or that formal notice of the intention to hold a meeting of the committee or of the sub-committee was not given duly or by reason of such act having been done during the period of any vacancy in the office of the Chairperson, Vice-Chairperson or the Secretary or Member of such committee or sub-committee or for any other informality not affecting the merits of the case. .. CHAPTER-V STAFF OF MARKET COMMITTEE Act of Market Committee etc. not to be invalidated. 45. . Every Market Committee shall have a Secretary, who shall be the Chief Executive Officer of the Market Committee administering principal market yard, sub-market yard(s) and market sub-yard(s}and the custodian of all the records and properties of the principal market yards, sub-market yard(s) And market sub-yard( s)in _the delineated market area: Provided that the Secretary should be graduate in agriculture/ horticulture, agricultural economics/veterinary Science/Fisheries marketing/ agri-business and has also undergone minimum three months in-service training or such training undertaken after recruitment. Provided further that Director/ Managing Director may maintain a pariel of professionals, which may include professionals from open market, for appointing te the post of Secretary to the Market. Committee, as may be prescribed in the Rules. The Director/ Managing Director shall have powers to appoint Secretary from the services of the State Government/Board and on deputation also and such appointments shall be binding on the Market Committee. 46. The Secretary shall exercise and perform the following functions and duties in Powers, addition to such other duties as may be specified in this Act, the Rules or Bye- functions laws, namely- and duties of To convene the meetings of the Market Committee and of the sub- the Secretary. committees, if any, and maintain minutes of the proceedings thereof . (i) • ·.(ii). .. (iii) (iv)' (v) (vi) To attend the meetings of the Market Committee and of every sub-committee and take part in· the discussions but shall not move any resolution or vote at any such meeting . To take action to give effect to the resolution of the committee and of the sub­ committees, and report about all actions taken in pursuance of such resolution to the committee as soon as possible. · To prepare the budget proposal. To furnish to the Market Committee such returns, statements, estimates, statistics and reports as the Market Committee may from time to time, require including reports regarding- ( a) fines· and penalties levied on and any disciplinary action taken against the Members of the staff and the market functionaries and others; (b) over-trading by any trader; (c) contravention of the provisions of the Act, the Rules, the bve-laws, the standing orders by any person; (d) suspension or cancellation of licence by the Chairperson or the Director; and ( e) administration of the Market Committee and the regulation of the marketing in the Principal market yard, sub-market .yard(s) a market sub-yard(s). To produce before the Market Committee such documents, books, registers and the likes as may be necessary for the transaction of the business of the committee or the sub-cornmittee. and also whenever called upon by the Market Committee to do so. Secretary of Market Committee. 16 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Appointment 47. of Accountant. Appointment of staff by the Market Committee. (vii) To exercise supervision and control over the acts of all officers and servants of the Market Committee. (viii) To collect fees/user charge and other money leviable by or due to the Market Committee. (ix) To be responsible for all moneys credited to or received on behalf of the Market Committee. (x) To make disbursements of all moneys lawfully payable by the Market Committee. (xi) To report to the Chairperson and the Director/ Managing Director as soon as possible in respect of fraud, embezzlement, theft or loss of Market Committee Fund or property. (xii) To prefer complaints in respect of prosecutions to be launched on behalf of the Market Committee· and conduct proceedings, civil or criminal, on behalf of the Market Committee. The Director/ Managing Director may, with such qualification as may be prescribed in Rules/Bye-laws, appoint an accountant, who shall be responsible for maintenance of books of accounts of the Market Committee and assist the Secretary in discharge ofhis duties and perform of such duties as may be delegated to him by the Market Committee or the Secretary. 48. (1) 'Every Market Committee may appoint such other Officers and servants as may be necessary and proper for the efficient discharge of its duties: Provided that no post shall be created save with the prior sanction of the Director/ Managing Director: (2) Subject to the provisions in this Act/ and rules made thereunder, the Market Committee may make Bye-laws for regulating the appointment. pay, leave, leave allowances, pensions, gratuities, contribution to provident Fund and other conditions of service of Officers and servants appointed under sub-section (1) and for providing for the delegation of powers, duties and functions to them. (3) Notwithstanding anything contained in this Act or any Rules or Bye-laws . made thereunder, the Director/Managing Director may, subject to the conditions specified in sub-section (4) , transfer on deputation any Officer or servant of any Market Committee carrying a maximum scale of pay as may be prescribed to any other Market Committee of the Revenue Division and it shall not be necessary for the Director/ Managing Director to consult either the Market Committee or the Officer or servant concerned before passing an order of transfer on deputation under this sub-section. (4) The Officer or servant concerned transferred under sub-section (3) shall, - (a) have his lien on the post held in the parent Market Committee; (b) not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to, had he continued in the parent Market Committee ; (c) be entitled to deputation allowance at such rate as the Director/ Managing Director may by general or special order, specify; and (d) be governed by such other terms and conditions including disciplinary control as the Director/Managing Director may, by general or special orders, specify. ' r. CHAPTER-VI E-TRADING Establishment/ 49. (1) No person shall establish and run any electronic trading platform for trading promotion in notified agricultural produce including livestock without obtaining a licence of electronic under this Section. trading platform. Grant/ Renewal of licence to establish electronic trading platform (2) Save as provided in sub-section (1 ), the State Government or its agencies may, however, establish and rune-trading platform for trading in notified agricultural produce including livestock, as may be prescribed. · 50. (1) Any person desirous of establishing an e-trading platform under section 49 (1) shall apply to the Director or the Officer authorized by him in such form and manner along with such fee and secorurity/ bank guarantee and fulfilling such conditions, as may be prescribed. (2) The application received under sub-section ( 1) for grant or renewal of licence may be accepted or rejected for reasons to be\recorded in writing by the Licensing Authority : The Arunachal PradeshExtraordinary Gazette, May 5, 2018 17 51. Provided that the application received under this section shall be liable to be 'rejected on the condition(s). mutatis mutentiis to condition(s) laid down for private market yard under section 68. · (3) Thee-trading platform managed and operated by a person or State Government or its agencies, as the case may be, shall provide all infrastructures and services connected toe-trading, as may be prescribed. (4) The licensee or its management committee, may collect user charge on sale transaction of notified agricultural produce including livestock on the e-trading platform: Provided that no user charge shall be collected from agriculturist-seller. Provided further that the State Government in public interest may from time to time, by notification, put ceiling on the rate of collection of user charge. (5) Thee-trading platform licensee shall contribute, of such user charge collection, to the separate "Revolving Marketing Development Fund" maintained by the Director at the rate in percentage at par with APLMC. The Fund will be utilized for the purposes and in the manner mutatis mutandis to section 10 (5) of this Act. A licence holder under section 63 (1) for market sub- yard if desirous to link to e-platform of Government of India, may apply, through concerned State Government, or its agencies, to the Department of Agriculture, Cooperation & Farmers' Welfare, in the form and manner, as may be prescribed. ·- 52. A licensee of private market yard, if desirous of integrating with e-trading portal, may apply through the State Government or its agencies tothe Central Government, as may be prescribed. Integration of warehouses/ silos/ cold storages or other such structure or space; declared as market sub-yard to e-platform. Integration of private market. 53. In order to evolve a unified National Agricultural Market and integrate various e-platforms, Interoperability the applications in the e-platform(s) should be interoperable as per specifications ofe-trading ,. and standards laid down by the Director or the Authority designated therefor. platforms. 54. Notwithstanding anything contained in this Act, payment of notified agricultural produce including livestock traded on electronic platform shall be made on the same day of the sale transaction to the seller or in the maximum next day, if procedurally so required. In procedural exigencies on electronic trading, the payment to the seller may be made as may prescribed in Rules and Bye-laws. (2) The licensee or APLMC, as the case may be, shall maintain accounts of all the transactions taken place on electronic platform and submit such periodical reports and returns to the Managing Director or the authorized Officer, at such time and in such forms, as may be specified by the competent authority, (1) Payment to the sellers and maintenance of accounts. from time to time. 55. The Director may, for the reasons to be recorded, specifying the breach of any Suspension or provision of AcURules/Bye-laws, instructions, orders, suspend or cancel the licence, Cancellation granted under section 50, by passing a speaking order: of licence of electronic Provided that no order for suspension or cancellation of licence shall be passed trading without giving a reasonable opportunity of being heard. platform. 56. Any dispute arising between/among licensees of e- trading platforms, or between I among the licensees and APLMC/State agencies, shall be resolved by the Director or the Officer authorized by him, in summary manner within thirty days, after giving the parties reasonable opportunity of being heard. Dispute settlement- (i) between/ among licensees under section · 50(1); and (ii) between/ among licensee and APLMC. 18 Dispute 57. settlement with regard to intra-State trade- transaction. Dispute 58. settlement with regard to Inter-State trade transaction. Sale-transac­ tion of notified · agricultural produce and livestock. Terms and procedure of buying and . selling. The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 In case of any dispute with regard to intra-State transaction one-platform, the redressal thereof shall be done at the level of management committee of the licensee or the Market Committee, as the case may be, through an administrative process, or through the process of conciliation and arbitration, or otherwise within seven working days; while in case of perishables it shall be within three working days. The management committee or Market Committee, as the case may be, shall dispose of the matter by issuing speaking order. In case of any dispute arising out of inter-State trade transaction on e-platform or any other such platform, the Government can subscribe to become part of such Authority, which may be constituted by the Union Government or State Government under the existing law or any law for the time being in force to be framed therefor. CHAPTER-VII REGULATION OF TRADING 59. (1) . All notified agricultural produce incl1,iding livestock shall ordinarily be sold iri the principal market yards, sub-market yards and market sub-yards licenced under this Act or not, private market yards or at the electronic trading platforms : Provided that the notified agricultural produce including livestock may be sold at other places also to a licence holder especially permitted in this behalf under this Act. · (2) In relation to agricultural produce, nothing in the sub-section (1) shall apply to the following sale and purchase where - (i) sale is made by the producer himself to any person for his domestic consumption in quantity up to the limits prescribed under the Rules; (ii) brought for sale by head load; (iii) purchase and sale is made by a petty trader; (iv) purchase is made by an authorized fair price shop dealer from the Food Corporation of India, "the State Commodities Trading Corporation" or any other agency or institution authorized by the Central or/ and State Government Administration for distribution of essential commodities through the public distribution system; and (v) the transfer of such agricultural produce to a cooperative society for the purpose of securing an advance there from. (3) In relation to livestock, nothing in the sub-section (1) shall apply on the business of purchasing or selling of livestock not exceeding such value, as may be prescribed. (4) The price of the notified agricultural produce including livestock, brought for sale into the principal market yards, sub-market yards , private market yards, market sub-yards shall be settled by tender bid or open auction including e-auction or any other transparent system and no deduction shall be made from the agreed price on any account whatsoever from the seller. (5) Weighment or measurement or counting of all the notified agricultural produce including livestock so purchased shall be done by such a person and such system as is provided in the Bye-laws or at any other place specified for the purpose by the Market Committee. 60. (1) Except in the commercial transaction between two traders, any other person who buys notified agricultural produce including livestock in the principal market yards, sub-market yards and market sub-yards, shall execute an agreement in triplicate in such form, as may be prescribed in favour 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 transacted in the principal market yards, sub-market yards, private market yards, market sub-yards or at e-platforms shallbe paid on the same day to the seller or in the maximum the next day if procedurally so required. Payment on notified agricultural produce shall also be made to agriculturist-seller, if sold to the direct marketing licensee, on the same day itself. (b) In case purchaser does not make payment under clause (a), he shall 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 licence shall be deemed to have been cancelled on the sixth day and he shall not be granted any licence or permitted to operate under this Act for a period of one year from the date of such cancellation. The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 19 (3) Commission agent shall recover his/its commission from his/ its principal trader at the rate not exceeding two percent ad valorem on transacted non-perishable agricultural produce; while in case of perishable agricultural produce, it shall not exceed four percent ad valorem on transacted produce, including all expenses as may be incurred by him in storage of the produce and other services rendered by him/ it: Provided that no commission shall be collected from farmer-seller. 61. ( 1) The Market Committee shall levy and collect market fee from buyer in respect of Levy of market notified agricultural produce including livestock bought by such buyer in the principal fee (single market yard or sub-market yard( s) or market sub-yard( s) either brought from outside point levy of the State or from within the State, at such rate as may be notified but not exceeding market fee). two percent ad valorem on transacted produce in case of non-perishable agricultural produce and not exceeding one percent ad valorem in case of perishable agricultural produce and livestock: 63. Provided that Market fee specified under this section shall not be levied for the second time, in whatever name it is called, i.e. cess, user charge ,service charge, etc., in any principal market yard, sub-market yard, market sub-yard, private market yard, electronic trading platform within the State. Provided that market fee at applicable rate has already been paid on that notified agricultural produce in any principal market yard, sub-market yard, market sub-yard, private market yard, electronic trading platform of the State and the evidence to this effect has been furnished, by the concerned person that market fee has already been paid as aforesaid in the State. Provided further that in case of commercial transactions between traders, the market fee shall be collected and paid by the seller. Provided also in case buyer is not licensee and seller is farmer, the liability of payment of market fee shall be of commission agent, who will collect the market fee from buyer and deposit to the Market Committee. (2) The Market Committee may levy and collect entrance fee on vehicles which may enter into market yard(s) at such rate as may be specified in Bye-laws: Provided that no such fee shall be levied and collected from agriculturist-sellers. 62. (1) . Notwithstanding anything contained in this Act, the Market Committee may allow Levy of User trade even in those item (s) of the agricultural produce including livestock which is/ charge by are not notified for regulation under the Act or are not specified in the Schedule to Market the Act for regulation. Committee (2) The Market Committee may collect user charge, as prescribed in the Bye-laws, for allowing trade as provided under sub-section (1) at the rate not exceeding two percent ad valorem in case of non-perishable transacted agricultural produce and not exceeding one percent ad valorem in case of perishable agricultural produce and livestock. (3) Save as otherwise provided in this Act, Market Committee shall neither enforce regulation nor levy and collect applicable market fee on sale-transactions of fruits and vegetables taking place outside, designated APLMC jurisdiction, principal market yard, sub-market yard(s) and market sub-yard (s). 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 including livestock brought for sale or bought or sold in the principal market yards, sub-market yards and market sub-yards specified in such notification, from the payment of market fee for such period as may be specified therein. 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. Power to grant exemption from · market fee. .. 64. (1) Subjectto the provisions of this Act and Rules made in this behalf, every person who, in respect of notified agricultural produce including livestock, desires to operate in the principal market yard or sub-market yard or market sub-yard as commission agent, weighman, measurer, hammal (loader- unloader) or such other market functionary, except trader, shall apply to the Market Committee for grant or renewal of such licence in such form and manner as may be prescribed. (2) The Market Committee or its Chairperson, if so authorized by the Market Committee may, on an application made under sub-section (1) and after making such inquiries as it deemed fit, grant or renew the licence , or may refuse to grant or renew any such licence on the basis of one or more of the following reasons- (i) The applicant is minor or not bonafide. (ii) The applicant has been declared defaulter under the Act or Rules made thereunder and Bye-laws. Grant/ Renewal of licence to market functionaries other than tradeers. 20 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Grant / Renewal of unifiied single trading licence. Suspension or 66. Cancellation of unified single trading licence granted/renwed under section 65. (iii) The applicant has been found guilty under the Act. (iv) Any dues relating to Market Committee and/or Board and/or department/ directorate of agricultural marketing are outstanding against the applicant. (v) Any other reason(s), as may be prescribed. (3) The Market Committee or its Chairperson, if so authorized under sub­ section (2) shall dispose off the application received under sub-section (1) within twenty days from such date when application is complete in all respects. Explanation: The Market Committee shall, on scrutiny of application and the documents annexed therewith within five working days from the date of its receipt, grant/ renew the licence within twenty working days from such date when application is found complete in all respects; or may, after recording the reason (s) in wr:ting therefor , refuse to do so. (4) On expiry of a period of twenty working days as under sub-section (3), if the application has not been disposed off, it shall be deemed that licence has been granted or renewed, as the case may be. (5) The Market Committee or its Chairperson, if so authorized may, for reasons to be recorded, specifying the breach of any provision of Act/Rules/Bye­ laws, instructions, orders, suspend or cancel the licence ,granted under this section, by passing a speaking order: Provided that no order for suspension or cancellation of licence shall be passed without giving a reasonable opportunity of being heard. 65. (1) There shall be a single licence applicable to the whole of the State, for the trader to be granted/ renewed by the Director or the Officer authorized by him in such manner and in such form, as may be prescribed, to operate as trader in any principal market yard, sub-market yard, market sub-yard private market yard and sub-yard, e-trading platform or any other space identified for the purpose, in the State. The existing trader licences granted by the Market Committees shall be converted into State wide single trader licence by the Director or the Officer authorized by him, within six months from the date of commencement of the State Agricultural Produce and Livestock Marketing (Promotion and Facilitation )Act, 2017. Until then, the existing trader licences granted by the Market Committees are deemed to have been the State wide single trader licences. Explanation: Private market licensee or other such licensee or its management committee may, register the unified single trading licence holder issued by Director or the Officer authorized by him, to allow to operate in such market yards. (2) Any person desirous of obtaining or renewing a licence under sub-section (1) as trader, shall apply to the Director or the Officer authorized by him in Form with reasonable fee, as may be prescribed. (3 Subject to provisions of this Act and the Rules made in this behalf, the Director or the Officer authorized by him, on application under sub-section (2), after making such inquiries as deemed fit . may grant or renew the licence in the form and for such a period, as may be prescribed: Provided that notwithstanding anything contained in this Act and the Rules made thereunder there shall be no consideration of domicile, compulsory requirement of purchase /collection centre and minimal quantity for grant/ renew of such licence. Provided further that such licence granted or renewed shall entail to the licensee to carry out trade of any form i.e. primary or secondary or whatsoever, without any discrimination. (4) The licence issued by the Director or the Officer authorized by him under this section shall bear Unicode, as may be prescribed. (1) The Director or the Officer authorized by him may, after such inquiry as he deems fit to make and after giving, in the prescribed manner, the licensee a reasonable opportunity of being heard , suspend or cancel a licence issued under section 65 on any of the following ground(s): (a) that, the licence has been obtained through willful misrepresentation or fraud; (b) that, the licensee himself or in collusion with other lir;ensee(s) commits any act or obtains from carrying on his normal business in the market with intention to willfully obstruct, suspend or stop the marketing of notified agricultural produce in any type of market and in consequence whereof, the marketing of notified agricultural produce has been obstructed, suspended or stopped; The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 21 {c) that, the licensee is found to have contravened any of the provisions of this Act or the Rules or Bye-laws made thereunder; (d) that, the lice~see has been convicted of an offence punishable under this Act or Rules or regulations made thereunder; (e) that, the licensee has become insolvent; of that, the licensee incurs any disqualification on grounds prescribed in the rules/ regulation/ bye-laws made thereunder. (2) Having been licence suspended/cancelled under this section, the holder of such licence shall forthwith produce the same in the office of the Director or the Officer authorized for being endorsed in the prescribed manner and shall not be entitled to any claim on account of such suspension/cancellation any compensation or refund of the whole or any part of the licence fee or any of the other money. 67. (1) Notwithstanding anything contained in thisAct, the State Government may allow holder of unified single trading licence bearing Unicode, issued by any other State Government to undertake trade transaction within its geographical jurisdiction on e-platform or any other format including physical that may be in operation, as trader, as may be prescribed in Rules/ Bye-laws made under this Act. Recognition of unified single trading license granted renewed under Section 70 for (2) Such licensee shall be liable to pay the market fee and other marketing charges at inter-state the rate applicable in the State, where trade transaction has taken place, in the trade. manner as may be prescribed.' (3) In case of contravention of any of the provisions of this ActJ Rules/ Bye-laws or instructions or orders, made thereunder the Director/ Managing Director/ Market Committee shall, after giving an opportunity to be heard, blacklist such licensee for trading purpose only within their respective jurisdiction, when a contravention has occurred, for a certain period or forever based on the gravity of breach/violation of provisions of thisAct' Rules/ Bye-laws or instructions or orders. Explanation: The expression 'blacklisting' for a certain period to be deemed tobe suspended for such a period in the jurisdiction as under sub-section (3), while 'forever' deemed to have been cancelled in the jurisdiction as under sub-section (3). (4) The Director/ Managing Director/ Market Committee of the respective jurisdiction, wherein the contravention occurs, may simultaneously submit a proposal detailing the type and nature of contravention with evidence, to the concerned licensing Authority of the State for taking further appropriate action against the contravener. 68. (1) Any person who, under Section 10, desires to establish private market yard, or under Section 11, desires to establish farmer-consumer market yard, or under section 12 is desirous of such a place oeinq declared as market sub-yard, shall apply to the Director or the Officer authorized by him for grant or renewal of licence, as the case may be, in such form and in such manner; and also for such period but not less than three years, as may be prescribed. ' (2) An application for grant or renewal of licence, as the case may be, for private market yard or farmer-consumer market yard or market sub -yard under section 68 ( 1 ), shall be accompanied with such reasonable licence fee and security/ bank guarantee, as may be prescribed. (3) An application received under sub-section (1) for grant or renewal of licence may be accepted or rejected for the reasons to be recorded in writing by the Licensing Authority: Provided that the application received under this Section shall be liable to be rejected on the following condition(s); (i) that, the applicant is a minor or not bona fide; (ii) that, the applicant has been declared defaulter under the Act and Rules and Bye-laws made thereunder; (iii) that, any dues relating to Market Committee and/or Board and/or department/ directorate of Agricultural marketing are outstanding against the applicant; (iv) that, the concerned authority is Satisfied that the applicant does not possess the infrastructure credentials, experience or adequate capital for investment or any other requirements as may be prescribed for establishment of a private market yard or farmer-consumer market yard; and/ or (v) for any other reasons, as may be prescribed. (4) The licence granted or renewed under this section shall be subject to such terms .and conditions, as may be prescribed; and the licensee shall be bound to follow the terms and conditions of the licence as maybe prescribed. The licensee shall also follow the provisions of this Act and Rules made thereunder. GranURenewal of licence for private, farmer­ consumer market yard and market sub-yard. 22 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Suspension or Cancellation of licence granted/ renewed under Section 73. Grant/Renewal of licence for direct marketing. Suspension or Cancellation of direct rnarketinq licence. Dispute settlement- (i) between/ among licensees. (ii) between/ among licensee andAPLMC. Appeal. 69. (1) Subject to the provisions of section 68, the Licensing Authority, as the case may be, may for the reasons to be communicated to the licence holder in writing, suspend or cancel the licence, if: (a) the licence has been obtained through wilful misrepresentation or fraud; and/or (b) the holder of licence or its representative or anyone acting on his behalf with his expressed or implied permission, commits a breach of any of the Rules, regulations and terms or conditions of licence; and/or ( c) the holder of licence himself or in combination with other licence holder commits any act or abstains from carrying on his normal business in the market area with the intention of wilfully obstructing, suspending or stopping the marketing of notified agricultural produce; and/ or ( d) the holder of the licence has become insolvent; and/or (e) the holder of the licence incurs any disqualification, as may be prescribed; and/or (f) the holder of the licence is convicted of any offence under this Act. (2) No licence shall be suspended or cancelled under this section without giving a reasonable opportunity of being heard to its holder. (3) Subject to the provisions of this section, the Licensing Authority shall communicate to the licence holder by speaking order to suspend or cancel Its licence granted or renewed under section 6.8. , Any person, including a Farmers' Cooperative, Farmers' Producer Organisation (FPO) and Processor/Exporter, under section 13, desires to purchase agricultural produce directly from farmers outside the principal market yard, sub­ market yard, market sub-yard, private market yard , shall apply to the Director/ Managing Director or the Officer authorized by him for grant or renewal of lice, ice, as the case may be, in such form and in such manner; and also for such period, as may be prescribed. (2) An application for direct marketing shall accompany such reasonable licence fee and security/bank guarantee, as may be prescribed. 70. (1) (3) The application received under section 70 (1) for grant or renewal of licence may be accepted or rejected in the cause and manner mutatis mutandis to Section 68(3). (4) A direct marketing licence granted or renewed under this section shall be subject to such terms and conditions, as may be prescribed; and the licensee shall be bound to follow the terms and conditions of the licence as may be prescribed. The licensee shall also follow the provisions of this Act and Rules made thereunder 71. Subject to the provisions of section 13, the Licensing Authority, who has issued the licence, may suspend or cancel the licence granted/ renewed under section 70 in the cause and manner mutatis mutandis to section 69. 72. Any dispute arising between/among licensees for private market yard, farmer-consumer market yard, market sub-yard and direct marketing, or between/among licensee (s) and APLMC (s) may be resolved by the Director or the Officer authorized by him, in a summary manner within thirty days, after giving the parties a reasonable opportunity of being heard. 73. (1) Any person aggrieved by the order of the Director or the Of.icer authorized by him, passed under Section 57,58, and 72, as the case may be, rnay prefer an appeal to state Government or the officer authorized by it, in the form and manner as prescribed, within thirty days from the date of receipt of such order. The Appellate Authority shall dispose of the appeal within thirty days, after giving the parties a reasonable opportunity of being heard. The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 23 ' (2) Any person aggrieved by the order of the Market Committee or management committee of private market yard, farmer-consumer market yard, market sub-yard, electronic trading platform may prefer an appeal to the Director or the Officer authorized by him, in the form and manner mutatis mutandis to sub-section (1 }, within thirty days from the date of receipt of such order. The Appellate Authority shall dispose of the appeal within thirty days, after giving the parties a reasonable opportunity of being heard. (3) Save as provided in section 73(1 ), the appeal with respect to inter-State trade one­ platform or any other such platform under section 58, will be in accordance with the provisions to be provided under any law constituting the Authority. (4) The Appellate Authority, if it considers it necessary so to do, grant a stay on the order appealed against for such period as it may deem fit. (5) The order passed in the appeal by the Appellate Authority under this section shall be final and binding on all parties. Such order issued by the Appellate Authority shall have the force of the decree of a Civil Court and shall be enforceable as such. 7 4. (1) Any person desirous of wholesale buying either from the market-yard or from outside the market-yard, on day to day basis for own consumption even without valid licence granted under section 70, may register with the concerned Market Committee, in the.form and in the manner, as may be prescribed: (a) Such buyer will specify the place and day of purchase while making the registration; or afterward before purchase; (b) In case of such buying undertaken in the market yard , the buyer shall be liable to pay Market fee at the applicable rate to the Market Committee and on buying undertaken outside the market yard, the buyer shall pay one-fourth of the applicable market fee to the Market .Committee: Provided that such wholesale purchases cannot be made mo than three times in a month across the State 75. (1) No Civil Court shall have jurisdiction to settle, decide or deal with an question or to determine any matter which is by under this Act required to be settled, decided or dealt with. (2) No court shall take cognizance of an offence under this Chapter, except upon a complaint by the Director or Managing Director or by any other Officer authorized by him in this behalf. CHAPTER - VIII BUDGET AND MARKET COMMITTEE FUND Registration of wholesale adhoc buyer. Bar of jurisdiction on Civil Courts. 76. ( 1) Every Market Committee shall prepare and pass the budget of its income and Prepartation expenditure for the ensuing year in the prescribed form and shall submit it to the and sanction of Managing Director for sanction before the prescribed date every year. The budget. Managing Director shall sanction the budget with or without modification within one month from the date of receipt thereof. If the budget is not returned by the Managing Director within one month, it shall be presumed to have been sanctioned. (2) The Managing Director may also seek the consent of the Director, on the budget so pas