The Assam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020

I qfiW rt< - rvu /tr Registered No.-768197 \tr{{ <fqeE rcq+q w{t THE,ASSAM GAZETTE wfi{r<61 EXTRAORDINARY q'rg oyt{ qr<t a<{fis PUBLISHED BY THE AUTHORITY ai szr fr.t'5, eWR, rs qqft, 2022, 24 qRf<, 1944 efr) No. 523 Dispur, Friday, I 5th July, 2022,24th Ashadha 1944 (S. E.) GOVERNMENT OFASSAM ORDERS BYTHE GOVERNOR LEGISLATIVE DEPARTMENT : : : LEGISLAIryE BRANCH :iOTIFI ON The 14th luly,2022 No. LGL.l961201?/82.- The following Act of the Assam kgislative Assembly which received the assent of the President of India on 29th June, 2022 is hereby published for general information. ASSAM ACT NO.XXMF2022 (Received the assent ofthe President oflndia on 29th June,2022) THE ASSAM AGRICULTURAL PRODUCE AND LIVESTOCK MARKETING (PROMOTION AND FACILITATION) ACT' 2O2O "a 6364 THEASSAM GAZE'fTE, EXTRAORDINARY, JULY 15, 2022 Prernblc (3) ({) AN ACT to provide for the development and regulation of marketing of agricultural produce and llvestock developmcnt of an emcient marketing s5rst€m, promodon of agri-processing and agricultural export and the ectablishment and administration of markeB for atricultural produce and livegtock and for this purpose to put in place an effective infrastructure for rBrketing of agricultural produce and llvestock and to lay down procedures and s]Btems thereto in the Sate of Assam. Whereas it is expedlGnt to develop and regr.rlate marketing of agricultural pmduce and livestock in market arras and markets, inctuding private markets and farmer- consumer markets in the sate, to confer poweni upon market committees, to set up a market fund and other inddental matters; It is hereby enacted ln the seventy-first year of Republic of Indla as follows: - CHAPTER-I Prcllmlnary L Short ddc, ertent and conrtrenceopnt - (1J This Act may be called the Assam Agrlcultural Produce and Livfftock Marketing (promorion and Facilltatlon) Act, 2020. tz) It shall extend to such areas of the state of Assam as may be nodffed by the srate Government in the Omcra! Gazetre from time to time, (3) It shall come into force on such datc aB the Statc Govcmment may, by notification in ttre Ollicial Gazette, appoinL L Ilefinldona - ln thls Act, unless the context otherwlse requlres, - (1) -agricultural produce'means all produce and commodities, whether processed or not, of agriculture, hofllculture, apiculture, plsc{culutr€, sericulture and llvestock as specified ln the Schedule and such produce declared by the Govemment by notification from time to time and also includes a mixture of two or more than two such commodldes. (2) 'agricllorlsf means a person who is elther an occupant of a land, or a tenant of an occupant and is engaged in the production of agricultural produce by hlmself or by hired labour or otherwlse, but does not inctude any marlet functionar]t EpLrnadoo 1: For the purposes of this Aci association of farmers, by whatever name called, registered under any law for the time being in force and engaged ln aggregation of farmer produce shall be deemed to be an agriculturist kphmdo[ 2: lf a querfion arises whether a percon is or is not an agricutturlst for the purposes ofthis Act, it shall be decided in the manner as prescrlbed, 'Board' means the Assam state Agrlculurral Marketing Board establlshed under sectiron 47 of thts Acq auyey' means a p€rron, who hlmself or on behalf of any other person buys or agres to buy any agrlcultural produoe in tbe mar.ket arca; 'byc-laws' means byrc-laws made under this Act; "Certificat€ Officer' means the offcer so defined In the Bengal Public Demandr m- Recovery Ac! 1913; rer: (s) (6) THE ASSAM GAZETTE, EXTRAORDINARY, JULY 15, 2022 636s (8) t7) (e) (10) (11) (12) 'commission agent' meens a person who in the ordinary course of business makes or ofiers to make a purchasc or sale of an agiculhrral produce on behalf of the buyer or sellcr of sudr agricultural produce for a commission; 'co-operatlrrc markctlng soclet/ mGins a oo-operative soclety retister€d urder the &ei act Assam Co-operative Socleties Acq 19,19 and whlch has its principat obiect as e" H, prornotion of the sale of agrtcul&El produce grcwn, rcared or prcduced by its members or whlch ls declared as such or equivalent ther€to by the Stat€ Government 'dtrect mar&edng' ln rclatlon to agricultural produce, meanr dlrect wholesale purchasc of agrlcultural produce frorn agriculturlsts by proccsors, elporters, bulk buyers and others outslde the princlpd market yard or sub-market yard of a rttulaEd markcq speclal marke! private market, tocal market or an electronic m8r*etplace; 'Dlructor of Agricultural Marketing' means dre person appolnted by the State Gorrernment by nodficadon, es the Diructor of Agrlorlturd Marteting and includes any officer or officers empowercd by the Stale Govemment by nodffcation, to exercise or perform such of the powers or functlons of the Director of Agioltural Marketing under tfte provlsions of this Act or the rules or dre bye'laws made thcrcunder ar may bc specificd ln such notiffcation; 'Distrtct Councll' means a Dlstrict Councll constltuted under paratraph 2 of the Sixtt schedule to the ConsEardon of Indla; 'DellneaEd market area' meatus any area declared to be a delineated mar*et area under sectlon 5 of thls Act for the purpose of election of the Members of Market Comt tBe and undeftaking marketlng r€lated development therein; 'b<ecutirrc Officet' mcans the Executirc Offhctr to ttre market committee appointcd under section 45of thls Acq "fiarla' means a pctty dealer and includ6 an ag€nt who in conslderation of commlssion oftrs hls servlce b purchasc or sell agriculhrral prbduce 'Farmer-Producer Company (FPQ" means a company of farmer'producer ars'n ^<r members as dellnead in Pan D(A of the Indlan Companies Act,1956, tnc'luding any 2es rmendments drereto, re'enactsnent th€reof and lncorporatcd wlth the Registrar of Companies: 'Gaon Panchayaf means a panchayat BEblished under the provislons of $e ^!.r't ^'r- Assam PanchayatAct 1994; ree. 'licensc' means a license granted under tils Act llcensee'means a pcrson 6rrnted a license under this Act; 'Local Authority' means a Munidpal Corporadon, a Munlcipd Board, a Towrt Commltte€, I Zllla Parislrad, an Anchalik Panchayat or a Gaon Panchayaq 'local mar*ef means a market operated dirccdy or otherwlsg by a Lo6l Authority. 'market' means a r€gulated market established under this Acq a special market, a private marketr a farmer - comsumer market, a local markeq a dlrect market, an elecfonlc marletplace and the like; 'mark€t commlttee' means the committe€ established under secdonls of this Act; 'markedng' mcans all actlvitles lnvolved in the flow of agricultural produce from the productlon polnt commencing from th€ stage of harvest 6ll the produce reaches the ulumat€ corurumer and includes buying selling tmportin6 exporting (13) (14) (1s) (16) $n (18) (1e) (20) (21) (22) (23) 6366 THEASSAM GAZE'|TE, EXTR ORDI}{ARY, JULY 15, 2022 grading procetslnB rtoring, packaging brandlng transporting, market inbrmatbq channels of distributlon and alt other funcdons Involved ln the procgs; (24) 'market functionar5f rncans a rader, a commtsslon agenq buyer, faria, hamal, wclghmao warehouscmrn, proccssot stocklsq Eansporter and such otber person rs mey bc declar€d undcr this Act or rutes or bye-lam, to be a mrrket functionar]4 (ZS) 'market yad' means a speclfled place declared or deemed to be declared to be a marl(et ,fad under thls Act and includes a prlncipal mar*et yard and sub-market yard; t26) 'Nadonal Agriculture Market (NAM)" means an integraled markeq without prrjudice to any law for the Ume being in force, where buying and selling of notified agrlcultural pmduce lncluding livestock and activlties incidental thereto are carried out in Indla possessing marketing utillty across time and space; Qn -notsftcadon' means a nodfication published in the Ofhcial Gazene; (28) 'person' lncludes any person, association of persons, firm, partnership, joint family, company, a$ociation or body of individuals whetler lncorporated or nog (29) 'prescrlbed' means prescribed by rules made under this Act; (30) 'processingi means any one or more of a series of treatments reladng to powderln& crushlng cleanin& decorticadng de-husldr6, parboiliry polishin& gtnnin& pressin& curint or any odrer rnanual, mechanical, chemlcal or phpical trceErrnt to whlch the raw agricultural produce or its product is sublected to; (ift 'processor' mearu a person who undertakLs processing of any atricultural produce on his own accord or on payment of a charge; (3zl 'regulatod marrref merns a neguratcd market notifled under secdon 12 of this Acg [33) 're$ladons' means the rcgulations made by the.Board under secdon s9 of this Acg (34) 'rules'moans nrtB m.de und6 thls Acq (35) 'Schedule- means the schedute to rhis Acg (36) 'speclal markec Ereens a mar*et notified.s Buch under section 6g of this Acg (37) 'Stete' means the state ofAssam; (38) 'State Governmenf means Goyernment ofAssam; (39) 'radcr' mcans a person ordinariry engagcd in the busrness of buying and se ng of agrtcultural produce as a principal or as a duly authorised agent of on. o. _or" prlndpals and includcs a person ordinarfly engaged in the business of processing except for rhe purposes for domestic consumption; Erf,eredon: Ifa question .rlses whether a person is or rs not a $ader for the purposes of thls Act it shall bc decided in the manner as prescribed ({o) 'transportadon' means taking of the agrrcurturar produce by pushcarg bulock ca6' ruclq any other type ofvehictg vesser or ratlway waton rn the courEe of business hfone the salc or after the sale has taken prace in the mar*et arBa or outside, for mertsdn& tradlrg or processlng from one placc o another; (41) 'rrnspotGr, mcans a pereon who transports agrlcuttural produce; (42) 'rarehouse' means any building, structure or other protected cnclosure whldr is or may be used for the purpose of storint agricuttural producc belng goods on behalf of the depoaltors but does not rncJude cloak rooms attadrcd to hotels, rallwayr stadoru, thr prrmises of othcr publlc carricrs and ltke; (43) 'welghman' means a person whose business is ro welgh a consignment of agrlodtut?l produce fur sale; THE ASSAM GAZETTE, EXTRAORDINARY JULY 15, 2022 6367 ({4) (1s) 'rvelghmenf lndudcs wtlghirg, courdrg or mGosurtn& ft.jn ^ct.Zllh Parlshad' means a Z0la Parlshad estaHishd under sub-scctlon {1) of ro. w,r o{ sccuon 64 of the Assam Panchayat Acq lg,!t.,t. CHAPTEN,-II Dcctaradoo d llrrtrt Area 3. fodfrc.ttotr of &e htrntior of dsvrlogbt ad rcauhtfiq mr*etiry of .Sflcotturel prcduct Ir rpcclfi€if er€r. - (1) The State Government may, by nodffcadorl decbre lts lntlntlon of devdoping and reguladng thc markeung of such agrlculhrral produce, in the State subject to fulfitmcnt of such crtteria, as may be speciffd in the notificetion. The notlfication under tils secdon shall also be published ln such area ln tfte manner as may bc prescribed: Provrded that no arca wtthln thc llmitg of a Dtstrict Coundl shall be induded in suclr area elccpt after consultadon wlth the Dlsdct Council concernd; Pnovtded fu$her t rat if no obiccdon or suggetion ls r.celyed from the Dlstrlct Counctl within thirty days after it being addressed, the State Government rrtry publish the noHffcadon as lt deems fft (2) The nodf,catlon under sub-section (1) shall statc that any obiocliom or suttetions whlch may be rccelved by the Sate covernment withln ruch perid as may be speclfied ln the notificadon, not b€ing less ttan dfrty days, shall be consldered by the StaE Gov€rnmenL {. D*lendon of ner*et arcr .rld &c tl;pledo of merhedng of sFctfled .trlcrillrrral poduce ttseln - After the expiry of the period speclffed in the nodnc.tlon issued under section 3 of the Act and after considerint such obiectlons and cuggesdons as may be received before such expiry and after making such inquiry as may bc neccssary the State Governmer:t rnay, by anodrcr nouficatioru declare the whole Stat€ as one unified market area specifted in the notiffcadon issued under sectton 3 end that markedng of ell or any of thc Hnds of agrtcultural produce speclfied in thc notiflcadon tssued under seqdon 3 shall bc regulated under this Act The notification issued under this secdon shatl also be published in such area in the ttEnncr as may be prescribed. 5. Iod0cstlotr of Dcltnatcd mertct erca- -The Government may, in the rnanner as may be pr€scrib€d, dtrough a nouficatisr declare such areil or arei r of the Stat€ as oEc or mone dellneated market arras, for t}c prrpose of elecdon of members of the market commlttac for such dellncated marlet ar€a. Bglentton: The Marltet Comminee shall not regulate marketing of nodfred agricuttural produce and livestock in its delincated market area The Market Committee shall enfurce reguladon on marketing of notiffed agrlcultural produce and Ilvestock wlthin the prlncipal rnarket yard and sub-market yard(s). 6. AlEradoa of dcllncrtgd nar*et anca end of ltemr of rogulrtcd ryrlcuturel producc. - Sublect to t}le procedure speclffd in sections 3 aad 4 of the Acq the State Govemment may, at any 6me by nodf,cation, - (1) exdude tsom any dellneatcd rnarket area any area or include thereln an addidond trea; or (21 dlvlde a dcllneated market erea into two or mor€ delineated madet ar€as; or (3) de.notify a ddineated market area; or 6368 THEASSAM GAZETTE, EXTRAORDINARY, JIILY 15, 2022 (4) declarr tlat the regulafion of markedng of any agrlcultural prcdue ln any delineeed market arca slnll cease; or (5) Declare that marketing of any agrlculilral prcduce (hl&erto rrct reguhted) shall be regulated in such dellneated market arca. ?. Eftctr of .lteratlor of dcllneeted mrrklt erer" -(1) Where a noEfrcadon is issued under secdon 5 of the Act, excludinS any area from a dellneated market area and such excluded area is not declared to be a separate delineated market area or a notlf,cadon ls issued under section 5 of the Act, includlng any area within a delineated market area, tlre market commlttee constituted for such delineated market area before the date of such exclusion or incluslon shdl, nowithstanding anything containd in this Act, condnue to be the mark€t committee for the said delineated market area until the reconstitution ofsuch market committee under this Act (2) Where any such area is included in wo or more other delineated market areas, the State Government shall, after consulHng the market committees concerned, by order, direct that such ProPerty', rights, charges and liabilities ofsuch market committee shall vest in the market committees of such other delineated market areas in such manner and in such Proportions. as may be specified in such order' t. DMslon of e delineated merket arca lDto two or morc seParate dellneated rnarkat .rua3 - (1) Where a nodfication is issued under section 5 of the Act, dividing a delineated market area into two or more seParate delineated market areas, the followint consequences shall ensue: - (a) The market committee conslituted for the delineated market area under this Act shall be deemed to have been dissolve4 and the stat€ Government shall constihrte separate market committees under secdon 16 of the Act for each ofthe separate delineated market areas subject to such conditlons as may be prescribed; (b) lte term of ofrce of the newly constituted market committees shall be the same as ls applicable to the first market committee under sub-sectlon (3) of secdonl5 of the Acq (c) Any aPpointmen! nodfication, notice. fee, order, scheme, license' Pcrmisslon, bye-taw or form, made, issued or imposed by the market committee whtch has been dissolved, in respect ofany part of the delineated market area subject to the authority of the new market committees shall be deemedtohavebeenmade,issuedorimposedbysuchmarketcommittee concerned unless and until it is superseded by any notiflcatioo notice, fee, order, scheme, license, permission, byeJaw or form, made; issued or lmposed by iL (2) The State Government shall, after consultlng the market committees conc€rned, by order, direct that such property, riShts, charges and liabillties of the dissolved market committee shall vest in the new market committees ln sugh manner and in such proportions, as may be specified in such order' 9. Ite-nodllcation of a deltneated meltet aI.ea and lts consequenea -(1) Where a oouncation is issued under section 5 of the Act de-nodMnS a dellneated market area, the market committee constituted therefore shall cease to exi$, and the property and righB vested in any such market committee shall subiect to all charges and liabllities affecting the same. v.st in such neighbouring market commiBees as the State Government may, by order, specify. THE ASSAM GAZET'TE, EXTRAORDIN ARY, JULY 15,2022 6369 10, (2) where any rucrr area ts rncludcd rn two or more other derlncated market areas, tfie StaE Govemment shall, after consuldng the mark* comml&es correrned, by order, direct ttat such propeny, ,ight , "lr."go and lfabfiEes of the de- nodffed market committee shan vest in the market committ€es of such other dellneaEd market areas ln suct manner and ln such proportlons, as may be speciffed in such order. Amaltamador of market cornmrttees, - where the state Gove'rment is satisfled that two or more market committees thetern shourd be amargamated, then the state Government may, after consutdng the market committees @nceflied provide for the amalgamadon of such market commtttees lnto a singre market comrnittee for the delineated market area, wlth such constitution, p-p".ry rights, lnterest and authodties and such rrebirities, dudes and obffgations as may oe specified rn the notificatiorL CHAPTER.IV Regulatcd narftcts Bstablbhrrcnt of 'gulat€d E8r*e.". - (1) As soon as may be after the rssue of tl,e nodficauon under secdon 4 of trre Acq the Director of Agrrarrtural Markedng shar, after s.dsrytng himself that the market committee ha-s made arrangements for regulating the marketing of notified agrlfiltural produce ln the delineated market arca, by a notlffcadon, dedare a date not less than thirty days from the date of rssue of the nodffcatlon as the date on which the reguratei market for rhat defineated market arta shall bc established. (2) For all purposes of this Act, the regulated market shall be deemed to have been cstablrshsd br the derneated market area witr effect from ttre date so nodfled. xt, CHA"PTER-III Classlfl cadon of markets 1L Crassrf,cadon of marrrets rn a dcrtneated Ear*et area. - In every delineated market area, there may be, - (1) Prrnclpal Market yards managed by Market Committee, (2) Sub market yards managed by Market Committee, (3) Private market yards managed bya person holdlng a valid license, (4) Prirrate sub-market yards managed by person holdlng a vatld license, (5) Farmer-consumer markets managed by Market Committee, (6) PrivateFarmer-consumermarkets, (7, Electronlc trading platforms, (8) One or more special markets, (9) One or more locat martet. 6370 THE ASSAM G AZETTE, EXTRAORDD{ARI IULY t5, 2022 13. Prbdpd rertct y.rd .!d nrb rnertct lnrdr. - (1) The corcrnment may declare any place h the dellneated market area to be a prlnclpal market yard and other places as sub'market yards, for the marke(ng of agricultural produca Erylenadon. - In thls section, the erertssion 'place" shall include any structure, enclosure, bulldlng warehouse, godown, open place, locallty or street, whether vested in the market committae or not The principal mar,lct yanl and sub.rnarket yards shall be at a ctose distance from the location where the trade and merchandise in all or any agricultural prcduce normally takes place. The land requirctn€nt and otlrer facllltles to be available for declarlng a place as a prlnclpal market yard or a sub.market yard shall be such as may be prescribed L. Mef*et ''erd of B.dotrd importance. - (1) The State Government may, if in its oplnlon lt ls €xpedlent to do so, notif any princlpal markct yard or sub.market yard as a mar*et jrard of nationat impoftance tn such manner as may be prescrlbed. (2) The market commltsee fur a mar*et yard of nadonal tmportancg working of a marlret yard of nadonal importance and other matters lncldental thereto slrall be as prescr.lbcd. GHAPTER.V Cr!.lrtrrdoD of Dad.Gt omr ttlGs 15. BstabllSmcat of mar{at comnlttee. - (1) For every deltneated market area, there shdl be a market commltt e. (2) Errery market committee establlshed under thls Act shall be a body corpoErte by such name as the StaE Government may by notiffcadon spedff, It shall haw perpetuat successlon and a common seal, may sue and be sued ln lts corporate name and shall subiect to such restrlcdonr as are imposed by or under tiis Act, be coDpetent to cont?ct and to acqulre, hol4 lease, sell or otherwlse transfer any property and to do all other things necessary for the purpose hr which it ts establlshed. (3) Notwithstandlng anything contalned ln any taw for the dme being in forcg every marlet commlttee shall for all purposes be deemed to be a locd authority, 16. f.io[subrtlon of the Erst Ear{.ct clmElrteo. - (1) Nohdthstanding anythtng cutained ln sectionlTof the Ac( the first market commltte€ constltuted for a dellneatcd market area declared under section 4 of the Ac shall be nomlnated by nodf,cadon by the State GovernmenL The State Goyemment shall by notification nomlnare the Ghalrperson and tlte Vice Chalrperson from among the members nomlnated under sub- secdon (1) above, (2) t3) t2) TIIE ASSAM G AZET|E, EXTRAORDINARY, JULY 15, 2022 6371 tr, crnrtltudon of cccold and cubscquent martet Gommtttec8 - save as PtDvided in secdon 15 of the Act, every mafket commlttee shall conslrt of thc followlng mernbers, namelY- (1)SalenmembersshallbePersooswhoargagrlarthrrlstsand.arevotersof GaonPanchayatsinthedelineatedmarketarea,tobeelectedbythe membenrofGaonPancharatsinthedellneatedmarketarcalnth€manner Prescrlbed; (2) Ihrce membeit shall be elected by traderc ln &e dellneaEd martet area holdlng a vatid llcense under thli Acq ftom amdrtst thcmselves in the manner Prescrlbed; @luadoa: For the purposes of this section" the expression trader shall not include a co' operadve marketlng soclety holdlng a tlcense as a trader' (3) One member shall be elected by the member of the managlng committce or ttre boad of dtrectors as the case may be' of co-operative mar*edng socledeslnthedelineatedmarlretareahotdingatlcenseundertlrisAct,hom amorgst themselves ln the manner prescribed; (1) One member to be nomlnated by such co'operative bank as may be decided bY the Statc Governmenq Such other official membes representlng the dlfferent deparlrnens as may be nominated by the State Governrnent from 6me to dme; onemembertobeelectedbythemembersoftheMunicipalBoald,Town ioi.lto." or Gaon Pancha)'at withln whose Jurlsdldton the principal iart<et yard ts situated, from imongst themselves ln the manner prescribed' Brplanadon:lflhentteprincipalmarketyardlssltuatedwithlntheiurisdictionoftwoor more Munlcipat ioards, Town Commlttees or Gaon Panchayas' the member shall be etected tolntly by the members of such Municlpal Boards' Town c3) (6) (s) SayE s otherwlse provtded tn thls Act but sublect ll the plcasuru of the su|E Goverlmen! the members of tfie first market corunlttee shall hold office br a perlod of three years from the date of notlfredon under sub- section (1) above: Provided that the StatG Government may by notificadon ocend tte term of office of the memberr by sudl pcriod or pcriods not cxeedlng two y?arl in the aggregate: Provided further that the exension Period on any occzsion shall not exceed one year. lf the second market commlttee ls constihrtpd beforc the explry of the period aforesal4 the f,rct market commlttee shatl cease to hold office' Commlttees or Gaon PanchaYats. (4) 6372 THE ASSAM GAZETTE, EXTRAORDD{ARY [IJ,[.Y rs, 2022 a one rocnrbcr to be nomrnated by the Assam state vyarehousrng corporatio&if e warehouse has been estabftshed by such corporauoir *,iihtn tt" delrneated market area end where no such warehouse iras be€n estabrished, then two persons sha[ be erected by co-operative markedng societies under sub.seclJon (3) above. 1g' Tcru of office of the mer{rct com,rtta.. - (1) A market commiree shar, save as otherwlse provided ln thls Ac! conEnue for ffve;rears commenclng from the date of rts constitutron under section 22 0r the Act and no ronger expiiuon of the saidperiod of five years shall operate on a dlssotution of the market committee, before the erplry of whlch elec,ons shall be held to the market commtttee: provrded that no market commrttee shau be reconsd*ted earlrer than three months prior b tte expky of the terrh of lts omce. (2) A member elcc*d under seclion 17 0f the Act sha[ cease to hord ofrce, tf he ceas€s to be a member ofthe category ofpersons from wrrrch he was elected. (3) A member sha, arso cease ro hord office if he in writrng resigrs his membership or lf he is removed under the provislons of thls Act ,,9' Eectrous to 6e Earkct co'Elttee. - subrect to the prbyrsrons of this Act the members of a market committee sha, be ereced rn the manner prescrrbed uy rures. Such rules may provide for the preparatlon and maintenalce of the llsts of voters.the qualrficatrons and drsquarrffcadons for berng a candtdate, the quari0cadons anddlsqualricado* of votcrc, the paSrment of deposit by candidates a;d tleir forferture and all other matter rulatlng to such elections. m' vacaacrcs ta tte marrret comul'ee" - (1) where a vacancy occurc throughreslgnadon, rcmoval or non-acreptance of office by a pereon nominated to uu "member or through suclf person becoming drsquatifted to be a membcr or through the death or orplry of his term of office, the vacanry shall be fiUed up by eleJon or nominadon as the c-se may be, within three months of the occurrence of such vacanqt: Provrded that rf the vacancy of a member occurc wrthin srx montrrs prcce<ring the da* on whtcrr the tcrm of office of the member exprres, the vacancy sha[ not be fllled up. (2) A member so appointed to fl[ a ,acancy shart hord office H[ the date up to which hrs predecessor wourd have held office had such vacancJr not occuned" tL Bec,lon of ctarrperson and vtce Gharrperun- - (1) subfect o the prodsrons of&ls Act and the rures made there undel every market commrttee sha[ etect nro members who are agricurturrsts to be r?sp€ctivery the charrperson and vice oralrperson thereof and so often as the orftce of the charryerson or trre vice chatrperson becomes vacant by death. resignadon, rcmovat or otherwrse, the market committee shal elect another member to be the charrperson or the vice chairperson as the case may be THE ASSAM GAZETTE, EXTRAORDINARY IULY 15, 2022 6373 (Z) Within ten days from the dete of compledon of elecdons to the market commitEe or on lts r€cusdtutlon, a meedng thereof shall be called by the pnescrlbed omcer who shall either hlmself prcslde over the meetlng or authorlse any other officer to do so, Ttre prescribed officer or the person authorised by him, when preslding over the meeting shall have the same powers as the Chalrperson when presldlng over a meedng of the market committee, but shall not have the riEht to vote (3) At such meedrrg a member who lr an agriculturlst shall ffrst be elected as the Chairperson and thereafter another member who ls an aglculturist shall be electd as the Vlce Chah?erson in the manner as maybe prescribed. (4) Any dlspute relating to the valldlty of tlre elecUon of the (hairperson or Wce Chalrperson shall be declded by the Deputy Commissloner of the disrict ln whidr the delineated market area is located, lf he has preslded over the meedng for elecdon of the Chairperson or Vice Chalrperson and in atry other case the preslding officer shall refur the dispute to the Depury Commlssioner of the district for a decislon, (5) Any person atgrleved by any decision or order ofthe Deputy Commlssioner under thls secllon may, wtthin fifteen {ays from the date of such order or declslon appeal in the prescribed manner to &e State GovernmenL The State Government shatl, widrln ftfteen days ofthe recalpt of the appcal pass an order whlch shall be final, and no suit or other proceedingr shall lie in any Clvll Court ln respect of such declsion. ZL Gourdhrdon of the nerket croEmlttec. -After the elecdon of the Chairperson and the Vle Chalrperson, consdtutlon of the market commlttee, includlng nominated members, shall be nodfed in such manner at may be prescribed. 29, Tcrm of ofilcc of ChalrTerson or VIcc Chatperson. - (1) Save as otherrvise pmvided tn thts Act, the Chatrperson and the Vice Chairperson shdl continue ln ofEae for the term of tlte market commlttee, (2) The Chalrperson or the Vice Chairperson shall vacate office lf he ceasc to be a member of the market commlttee. 24. Removal of Cha[pcrson, Vicc Chalrpcreou or Ecmber of . market commlttee.- The Director of Agrlorltural Markedng may, by order remove the ChairPerson, Vice Chalr?erson or a member of a market commltte€, lf the ChairpeBon, Vlce Chatrperson or member have become subiect to any of tlre dlsguallflcations under thls Act or rutes made thereunder or for misconduct ln tlre dlscharge of their dubes or for neglect of or incapacity to perform thelr duties or for belng perslstently remlss in the dlscharge of thetr duties: Provided tbat no such otder shdl be made unless the Chalrperso+ Vlce Chalrperson or Ore member has been given a reasonable opportunity ofbetng heard. 6374 TIIE AS SAM G AZETTE, EXTRAORDD{ARI IULY 15,2022 2J. Rcdguedon Of Ch:.klrcrron, Vlc! fhrtlps66a and menbcr ol a Darketcolrlntttec. - A nersl !!f nS gffice of Chatfoerson or Vtce Chatrperson * rnilUu,of a market commrtt€e may reslgn hrs offic€ any time in wridnjiaa**"i'i. trr"Ixrcctor of Agrrarrtural tvtarke-HJrg through tlre Elecutrve om... I"Ju,u "m"" "r,"nbecome vacant on the expiry-of fineen aa!: rom ur" a.t" or t,."rr .oLn"-u1",-rnt".,wrthrn the said period of fffteen days,-r,e *iaaott s the resrgnatron in wrr'ngaddrcsse d to the Director of Agrt"uttu[ir,aartceung 26' Vacercy h of[ce of the Gharrpenson and vrce chatrpexon. - Durrng ttre vacrncyin the office of the chairperson and when there is no vrce *,"i.p"o& tJ ali r,i.place, the4 notrrithstanding anythrng -nuin-d- rn thrs Act, one of the erectedmember of the market commiitee alpomea-i" this behai ui u* iiiil'"uexercrse the powe," and perform ttre funcdons or *,u crri"pu]s-oi',inu'r "Chalrprson or VIce Chatrperson is duly elected. 27' Prohlbrdon frrom holdrng srrnurtaneous omce. - Any person who is elected as achalrperson of a Locar Auttority o" " *-op.i"tiru .".li.ing "*i"fi, "r*oi'I"L"chairperson or vice chairyerso-n of a -..ili;;--;'tat"e or vrce versa may, by nodcein writing addressed and detivered to the Drreaor or agdcururar Marr*'tiri *ir"thirty da]r8 ftoln t}e date,.or the lat.. of *ru aales, on wntch he ls etected lntlmate lnwtich of the offi* h" *r.l* p:ews and tt "i"r'p"i, r,r".m"" i" iiu-[].vir.,.ir.r,he does not wrsh to setve-, sha, become "aani'*o in dehurt of such intimationwitlrin rhe aforesaid perio4rre shafl cease to be a iemter of tt";*;;;t ",on thc expiradon ofthat perlod. 2& Modon of no confidorcc. - [1) A motion of no<onfidence may be moved by ancleded member agalnst the Chairperson or the Vice Chairyerson by giving iuchnodce as rnay be prescrlbed and such nodce shall be suppofted by not Iess than one-half of the total number of membbrs of the market commlttee. (2) A meedng of the rnarket commrttee shart be convened by the B<ecu6veofficer wlthin thirty days of the date of recerpt of the nodce under sub- secdon (1) above, (3) The meedng herd under sub-secron (z) above shalt be presrded over by anofficer as may be appoinrcd by the Deputy commissioner of the district lnwlrldr the ddlneated market area Is located. (41 Nomlnated mombers of the market committe€ may 8tt€nd the meeting held as per sub sec$on (2) abovg but shall not have the rrght ro vote. (5) Tte chalrper:on or the VIce charrperson as the case may b", shalr have the rrght to speak h such meeting and otherwrse to take part tn the proceedings of the meedng but shall not have thc rlght to vote, (61 rf the modon agarnst the chairperson or the vrcc chalrperson or both iscarrred by a majority of not Iess than two-thirds of the ellcted members ofthe market *-Tlttu: presenr and votin& the Chalrperson or the ViceChairperson sha, forthwith rraqate the ofce of Or. if"fp"oo, oi vi."Chalrperson, as the casc may be. tn If the moUon ofno confidence is not carried as aforesaid or if the meedng could not be held for want of guorurn, rro notlce ofany subsequent motion a(prcssrng no confrdeace in the same chairperson or vice-chairperson shal be moved until after the expiry ofone year from the date ofsuch mec6ng. THEASSAM GAZETTE, 13 of the Act direct, EXTRAORDINARY, ruLY 15, 2022 6375 zr. 3ll. 3t CTlAPilN.YT C.orduct of budncsr of te martet connlttce Dowep and dudcr of thc Chstrpcrtoa 8trtl Vlce Chrlrpcrcon' - ttr qryers 1i dutlesoftheChalrpemonandtheVlccChalr?ersonstrallbcaspre*ribedtntttts behalf. cooduct of budness of 6e market coErrltEc, - subrect to the provlslon of this Actanddrerulesmadethereunder,themarketmmmitteeshallconductltsmeetinBs and other businesc in tlre manner as may be precribed' Af,t'ofthenar.ketcommltteenottobehyatid.-Noactofamar*etclmBittee, or any sub'committee thereof, or of any person acdng as a membcr' Chalrperson' Vice Chatr?enson, presldlng authority, oi the Execrrtve Officer shall be deemed to be ;;;iJ;i t*ton'only of iome deiec ln the consdtuuor or aPpointment of such m"r*rtcommittee,sub+ommtBee,member,chairperson,vicechalrperson' pr"rfOing "uOority. or the Execlltlve Ofncer on the ground that they' or any of tlem' ivere driualffied fur such ofhce, or that a formal notice of the lntendon to hold a mceUng of the market commlttee or the sub'commlttee was not Slven duly or by reasonofsuclracthavingbeendoneduringtbeperiodofanyrracancylntheomceof the Ctrairperson Vice Chalrpersonr or the Execudve Officsr or member of the market Gommitteeorsub.committeeorforanyodrerinfirmitynotaffecdntthemeritsofthe CITAPTER'.VII Powcrs ald funcdonr of mar'ket commlttees 32" case. (b) (c) to enforce tlre condldons of lic€nse grantcd under the Act, the rules and the t;i"*t made thereundcr in the market yard dedared under sub'section (1) ofsecdon 13 ofthe AcB to provlde factllttes as may bc rcqulred for the developmeng promotton and *irr"ui" of agricuttural marketing lnc,ludtng suctr fac,llttles as the Director ofigrtcuttsrrat Marketing or the State Govenrment man from dme @ dme to do rudr other acts as may be required ln reladon to the superintendence' dlrecdon and control of its iarket )t*ds or for regulating marketlng of agriculural produce ln mal*et y"i a*t"t"a under srb'secdon (1) of section 13 of the Act, and fo, p,,potu"oonecfed wlth the matters afor€said' may exercise such powers "na di'cttarg" *ch functions as may be provided by or uaderthls Act (d) por{Ert 8nd frmcdonr of a market comIEtttec. - (1) Subfect to the Prwlsions of this Act, lt shalt be the duty of a market commlttee' - (a) to lmPlemrnt the provlslons of this Acl dre rules and the bye'laws made thercunderln&emal*etyarddectaredundersub.sedon(1)ofsecdon 6376 TI{EASSAM wlthout pr! udlce comrnittee sha , _ GAZETTE,EXTRAORDINARY, JULY 15 2022 (2) (a) o) (c) (d) to the g€nrl"lity of the forwolng provision a market (e) (0 G) o) 0) 0) take such measures as may be necessary to bring about tt?nspar€ncy ln thedctermtnaum of prte .ln-_the sale J, G*"**ra, produce and orhertransacffom taklng placu in tlre m"rf.", :ra.6'--.*. " take measures for the,,il;;;;#;,['JH::T,"i.Hf '#,fl,,,;lLTH"T take au possibte steps b prevent adurteraHon ofagriculhrrat produce; conduct or regutate anraeordancewrdd;;;o.r':i:Inffi$.*ffi 5T:producern regulate the maHng, carrylnt out and enfortement or canceltadon ofa8ncements of sales. *qrn"* a"rrr"o pryr"ra=Lo "u other meftersreladng to the markeung Jragrrculr"j o'#ri.,", ...,. " :ffi""$"?"#g*T"Tt or dlsputes benreen the selrer and the buyer pmducc and alt #;;#r::T,T:d wrth the markedng of agriculttiral keep a set of standard ,r:t$: and measures tn the market JErd againstwhlch weighment nray be checked inspeEt and verl$ weighing scales, wetthts and measures in use ln tlrenrarket )rard and the boolcs of accluDt8 ,r?r"", O"*"merl(ot foncuonafies rn such manner a3 or"y ue prc""rJffB malilained by a.ralte to obtaln nuress !h1ftn) c?rtific.re li.om a vetcrhary doctor lnrespect of anlmats, catde, birds etc, "ra m, " i"i*. '"r.", ln respefi ofEshes, whtdr arc bought or sotd r" il;.t.l;;;"'o , ffiTjffilfl:',fi::"T-*cflons trat tar(e prace tn the marletyard aehurt seL th;;;ffi ;lFil$,:tffi "lH T ffix::nlthereof and in rhe event or torr, .r*r...il;## the orrginal buyerto8erher wtth ctrarps tncrlred ro,,e-rrr., r"r]]'lni"#"o o"rrent of rhesale t alue ofthc agrlcuttural proau". to tf," rJf"r? -"- -.., to rccvrrer cherges tn rcspoct of welghmont and hammals and pay towetShmont and hammats nn* p,a uyt";;;;::u", as the case may tale suitable measures to Produc€ tn exess of thelr al ensure that radenl db lrot buy aSrlcurtural such pur.chase; ,llly to disdlarge their obllgadons adsing out of malnah and nranage the market )rard; provlde, to the cxtent feaslble, storage and war€housing facltides forstocldng of agricultural produce by the pioducer;;;;;*, (k) 0) (m) (n) arbltradon; #l'I*X+.[r*'fu'sr;:"n'#i:fffi*ffi (bb) Markedng 63'78 TIIEASSAM GAZETTE, EXTRAORDINARI IIJ]Y 15, 2022 (cc) carry out pubtic&y abqrt the hcneits of regulatlon, the syrem of EaDsacfions and the fadlfties provided ln the martet prd.through sudt merns as posteB, pamphlets, hoardtngs, cinema slides, fflm shows, group meedn8s, decFonlc medla etc', or through any other mEans considcred more efhctive or neoEssary; (dd) employ necescary number of officers and servants for the efficient imptemenEtion of the provisions of thls Act, the rules and bye'laws as presctibed; t3) The market committee may, rf,ith tie approval of the Board and wit}out any tiabflity to the State Governme t promote and set up publlc private partnershlp endties Gor the better management of mar*et yards or for carrying out extcnsion acdviHes in the delineated market area, namely, colleclilorl matn&nance and disseminadon of lnformation ln respec of pruducdou sale, storage, processin& prlces and movement of agricultural produce or ln such other aclivldes as may be deemed necessary. t4) ta) In addiffon to tha above the market committee shall also be responsible for, the maintenance of proper checlts on all recetpts and payment by its officersi and (b) proper erecutlon of all worla chargeable to the Market Fund and other works entrusted by the Board; To promote end encourage lnformation Technolory ln lt' operadons, the marlet commlttee may establish appropriate slrstErts, cfieate necessary lnfraststcture and underake all sudr actividm as may be rtqulred. (6) The market committee may do such other thlngs as may be rcgulred for the purpose of achieving the obiects and requiremenu of this Act and the rules and bye{aw*made thereunder. 33. Power t{, remoee encrBchBelrts ltr Darhet yard. - [1) Any officer or servant of tfie market committae or the Board empowered by &e State Government in this behalf shall hane &e power to remove aoy encroachnrent ln the market yard and the e)rpenses of such renoval shall be recovered ftcm the person who has caused the sald encroachment as arrearc ofland revenue. (2) Existence ofencroachment in the market yard shall deem to be a mlsconduct of tle marlet committe€. if it does not reEolve to remove lt and that of the Chairpersoq Vlce Chait?erson and the Execudve Ofrcer, if they fail to remove such encrmchmeEt after the resoludon of the market comt ttee. lrd Polvcr to bormw. - A market committee may, witl the prlor approval of the Doard. borrow money hom a bank or a financial insdtudon or lgzue debentures secured on any propertf vested ln it for carrying out the pur?os€s for whtch it has beBn esabllshed and may incur any expe diturE towards borrowing money or issue of debelnrls. 85. LEvy and collecdon of euuy ftc. - The market commltt€e may lany and collect etrtsy fee on vrhlcles, which may enter the market yard at such rate as may be speclfied ln the bye-laws, (o ruLv 15,2022 6379 THEASSAM G AZET"|E, EXTRAORD :,6. ApPotnErent ol s[b-coEnltEc snd lotot cotnEltt'G' - A trrarl(gt Gommittee may apPoint one or more sub-commitees or Iolnt clmmlEees or ad-hoc commiBeesfum amorgSt lts members or any ofrer Person from the dettneated market area for tlre admlnldradon of the rnarket yard, for the conduct of any work or for reportinS or recommendl ng or declding any matter or maneni and may delsgate to such comrnlttee or commlttecs such of lts pot 'ers or dudes as it may thlnk fiL INARY, 38, Markst Fuad, its curtody and rnvr'.,ent- - (D Save as provlded in sub'section f2l, all moneln recehrud bv a ;#;t;;ilee iv way or mart<et fee' license fees or other hcs or drarges, "ll *";;;;;;; bv Tv:tf1ltv' iner€st receivcd' all loans raised by the committee,"and au granB, roans or contributlons made by the state covernment or dre Bt;;d;;';;; pttt or o tund to be calted the Market 39. Fund. (2) (3) Save as othetwise pmvided in this Act' any money r-ecelved by the market comrnittee by way of arbltt';;;;;; ;t"seorrily f".t't*-* in arbl'ation o#J,''.i"o.',::':r::[i:**mH,i1l1H:[Tffi,7 u,ay of security deposit, coauiDuEr::^: "j_"';;".'-"r*Uf" to market ;#-;i aiy agricultural oroduce' or charges pay fuirctionarlet and nrch "*"t tL""V t"ceived- by q" TltO' oommitteeas may be provided in the rule "t-i[t'* ttt"u iot form patt of the Market Fund, and shatl be kept tn such manner as may be prescrlbed' save as othet.h'ise provitted in thls Act, the amount to dre credit of the Market Fund and all other #;;ilLv.a"'TIlt committEe shall be depostted in a scnea"tea-c"''"'"tnt" uanf a naliglatzed bank Post office savtngs bank or '" ** "ii*-*nJii inan"ia instlurdons as tlre Board maY aPProve' Purltoles for rryhlch the Msr*et Fuad shall be expended' - Subiect to the nmvistons of thl, oo, tn" *'o""il ti" Glaws made thercrmder' the Market Fund :ffi;;;ror meeuns dle followtng purposE3' namelv: ' (l) contrtbutlng to the Statt Agriorltural Marketing Board as may be prescrlbed; b med the admlnlstrative orpcnditure of the market commlttee' lnduding paJment of salaries *a. "'iit" ""tJu'tion -mt 'eras pruvldcnt fund' Densions, leave satary ano grltuiUes' compensations br inlurles resulting 'from acc{dents, "ornp""'onitl';til.nit for the ofncers and staff emploY€d bY it and legal exPenses; (2) CHAPTER-VIII Martret ltuud 3z :kcc!tron of eo{rtrectt' - (1) Every ctntrad.enterd tnb by a marlet committee shall be tn wrlting "ta "f'"iii* #cuted on its behatf by tts Chatt?emon and tlre Execud\te Ofncer' (2) No contract otler than a contr3ct etecuted ac provlded ln 5ub'sedion (1) aboveshallberralidorbtndlngouthemarkstcommltte€. 6380 I TrIEASSAM EXTRAORD TARY, IULY 15, 2022 to mcet the er(pensos ofand lncidental to elecdons of the mar:ket commlttee; &r dre establtshment malntenanc€ and improvement of the market yard;for the construcdon and repair of butldlnts and other infrastructureconvenience and safety ofpersons using the market yard;(6) to provide facflldes for qua.llty certificado& standardization andagrianlfural produce and for commu[ication wlth agrtculturists andproducers in the delineaEd market area; (3) (4) (s) {4 (8) (10) (11) (e) to provide and maintah shrdard weights and measunes; Hff ;'*f#.:lX}y',l"ron or rnrormadon resardins mafters fur contributsng a "r, nd r"rkedng ofagrtc,rturar pt,duce; '"'kJ;;.;;;#;'S;X,:o::l "" derrcropment or asr''cultural for incurrlng erpenses onasriculordi;ir-*1" "" ttsearch' extenslon and Eaintng in markedng of I:',fr:ll"?jl,H1iffirl1ger asencree state, cen*ar and orbers, ffi g:il?i"Hfr ,l#gf ttriif#tr",#ffi #"mffi tr to cnaate and Promot€ on lt ,m,m'm,***.e*mmiilf i*l,rimrx for the acqulsiEon ofsites or t ,;H",:ffi #;:Ttrr"i,:r#;;"T.ffi:;#.1"T$: j,#:,,tr for erpenses incuned in audlung the accounts of the mark€t commltt€e; gffi,i*,jf;ll-.;*?,ffi ,gfl it$["r,rrrlf[.nT,* cont buting to the general s,*ourerf, eiil"il"J;;[:T,"_;:I.J;T,lf#j,#:;H::, any other purpose connecter $I,xT.Hffi :fff,H'Y$J::T*';iffif; iHHl:il:l:; for suct o&er purposes as the Board may dlrcct ftom 6me to time, (14) (ls) o6) 04 (18) (1e) (20) necessary for t}te grading of (12, (13) TIIE ASSAM GAZETTE, EXTRAORDINARY, IIJLY Ls, 2022 6381 {0. }rbappucadon of frc Market Funa - (1) Any orpenditure lncurred by the market commlttee for e purpose other than those specifted under the last precedlng section or any qpendlture lncurred ln exce$ of the budget approved by the Board shall deemed to be mlrappllcation of the Market Fun4 (2) Io case of misappllcadon ofthe Marftet pund, the Board may take such actJon as may be expedlenc CHAPTER- IX Flaance and Accounts 4L Accounl! of thc mar*et canElttee. -The manner in which any payment shall be made by the market commtttee, its accounts shalt be kept and audtted or re.audited (includlng powers b be exertised by the auditor in that behalf), lts annual, r€vlsed or supplementary budget estimates of income and expendlture shalt be made (includlng prcvlslon for modifying, annulllng or resctndtng such budges) and ts annual admlnlstration report shall be prepared shall be prescrlbed by rules made ln $at behalf, {iL Prcpsredor and sanctlon of budget - [1) Every market clmmittee shall prepare and pass a budget of its lncome and expenditure for the ensuing,rear in the prBcrlbed forrn and shall submlt lt to the Board for approval. The Board shall approvr tbe budget with or without modifrcadons, within two months from the date of recelpt tlcrcof, faillng which the budget shall be deemed to have been approved by the Board. (2) No expcndiure shall be lncurrrd by the market commlttc€ on any item if there ls no provislon ln the sancHoned budget thereof: Provided that the market commlttce may, with tte prlor approral of the Board, re-apprcprlate the saving avallable under one head to other heads for incurring expenditure under such other heads. A market commlttee may, at any dme during the year for whlch a budget has been apprnved by rhe Board, cause a revised or supplemenEry budget to be passed and submlt to the Board for approval, ln tlr€ same manner as if it were an orlgnal budget t3) 13. Board b lsruc dlroctions - The Board may issue directions to market committees ln general or any market commltt€e in panicular regardlng actoundng of and orpendlturc from the Market Fund and other maBers incldental thercto, rl{ Audlt of accfl[tr ol mar,ket comEltitsc. - (1) Subject to this Act and the rules made thereunder, the accounB ofthe market commlttee shall be audtted yearly. (2t lhe report of audit of the actounts of the market committee shall be submltted to the Board wlth tie comments of the commlttee, wlthln stx montlrs of the completlon of the financlal year. (3) The Board shall conslder the eudtt reFort and the comments oftte market committee and along wlth its observatlons forward to the State Government, within elght months of the compledon of the financlal year. t 6342 THE ASSAM GAZEITE, EXTRAoRDD{ARY, IULY 15, 2022 45. CHAPTEN.X Stuf, of mrd.ct corrmittse ErccuEer Of,ccr to thc rtr rtlt @DrtrltEa _ (1) Errcry mar*ot commfttee shallhave an &ccodrre officer wtro sha, bc the chef ueiir. irur.."rr,.r commrttee, {2) subrect b the.powers of the Ghairperson and other provrsions of tlrrs Actand rules and bye-laws made ttrereundec the Erecudve Oficer sha[ be thecustodtan of a[ recordr and prcperde! oi the market commrttee, and shaflexenclse and peform the fullowlng por*rs and dufl$, i" ,aafUiri, *aorlrer dudes as may be spectfied ln U,L a.q _l". "nd bye.tar,vs, namety: - (a) oonyene in consultation- wlth the Chatrpersoq me€drgs of the mar*etcommlt&e and of the subrommlttees, tf any, ana mstntaln mlnuter of theproceedlngs thereof (b) at..rd maltings of the madnet committ€e and of every srrb.commrt@ andtake part ln Ure dlscusslons but sh"ff notiiu. "ny resoludon or vote at anysudr meeting G) takc acton to grve efiect to the resolutions of the commtttee and of tho sub.commlttEes, and report about all acdons taken h pursuaoce of suchresolutions to the committee and O" *U*rlnlt*u ac roon as possible; (d) prcpar€ a budg.t of lncome and erpendlturc of tle market commtttee, plaeIt be&tE the rnar*et @mmlttee aia suUtltft Ure approved budget for rheapprcml of the Board wlthln such Ume and ,n sudr manner as may beprlercrtbed; (e) furnlsh to the market commltte e such rcErns, star.psnts, esfiEates,satsds ard rcports of all sub-cornmittees inauJfrg tUe bllowiag reports _ (r) rcgardhg the fines and penartres revred on and any disciplinary acron takenatainst member of the stafrand marlret funcUonaries and others; (ii) regardrng transactions by traders rn o(cess of their abrrrty to ftrrff, theirobligaUom, lfany; (llr) regardrng oon'aven60n of the Act and the rutes and by+hws madetlrereunder and rtandlng orderr by any p.ooni - - (lv) rcgardlng ttre aurpenslon or cancettadon of ltcenses; (v) regardrng thc admrnrstradon of the market commtttee and the regutatron ofmarkctlng of egrlctltural prcduce; (0 produce before the committee such documenB includlng books andreglste.rc as may be necessary f". Ue trarrsrcUoi oI thc bustness of thecmmtttee or rhc sub-commitb", *h-";;;;Iiiua upon by ttre mar*etcommltt€e to do so; &) ercrcise supervtsion and conhol ovrr atr officers and senEnts 0f tte marrctcommlttee; O) collect fees and other mongys teviable by or due b the mar*et commlttee; TIIEASSAM GAZET'IE, EXTRAORDINARY, IULY 15, 2022 6383 br rrryonslblc br all noneys crctlted b or rccdved on lrlulf of the market commlttee; make dlsburrements of dl moneys lawfully payable by ttc market 60mmlttce; report to thc Chisf Erccrrdvc Ofrcer of rh. Board and thc Dlr.@r of Agrlcultural Markedng as soon as pmsibte in respect of fraud, embe.rlemenL theft or loss of Mar*et Fund or property; prefer complalntr in respect of prosecudons to be launched on behalf of the market aommittee and conduct pnoceedings, cMl or criminal, on behalf of the market comrnltEe, Tte Exeordye Officer shall be appolnted by the Board from amongst persons in a merlt panel malntalned by IL Appointment of the Executive Omcer made by the Board shall be btndlng on the market clmmlttee. 46. Appoh6ctlt of odrGr ofncGrr and rtefi - [1) Every market committce, with prlor approvd of the Board may appoint such other omcera and staff as may be necccrary and prcper for the efficient disdterge ofiB duties. Ql The Board wlth prlor approval of the Stet€ Governmcrrt may issue direcdons r€gardlry cradon of posts, appoirttrrenq pay, Ieave, leave allowances, penslons, gr.tuitl6, contribudon to provtdent fund and other condifons of servlcc of officers and stafi appointed under sub-section (1) and for provlding fur the delegadon ofpowers, dudes and functions to them. CHAPTER - XI Ass.m StatE Agrlcultural Uarl(cdtrg Board 47. A$rrn State ASrlcultuml Markcdng Eoard. - (1) wlth efect tsom such date as t}le StatB Government may, by notificadon appolnt in this behalf, therc shall be establlshed fur tlle State a Board called tlre Assam State Agriclltural Marketing Board. t2) The Board shall be a body clrporEe havlng perPetual successlon and a cpmmon s!al, may sue and be sued in its corporate name and shall, sublect o sudr restrlcdons as are lmposed by or under thls Acq be competent b contract and to acqutr€, hol4 leasc, sell or otherrvlse transfer any property and to do all other things necEsary for the purpose for whlch lt is establlsh€d {S. Coqoddoa of ttG Bo.d. - (1) Tlre Board ghatl congist of thc followlng members, namely: - (a) a Chat?crson to be elected by members of market commltlecs of the StaE, ln suclr menner as may be prcsalbed: Provlded that no pensol who is not an agdculturlst Ehdl bG eUgible to be eleced as the Chatrycrson ofthe Board; a Vic€ Chairp€rson to be elected by members of market commlttees of the State, ln sudr manner a! may bc prt66lbed; (0 0) (k) 0) ca) (4) tb) 6344 THE ASSAM GAZETTE, EXTRAORDINARY. JULY 15,2022 (c) srx mernbers to be nomroatld by orc Government aom emongst clralraersone of rnar*et committees in such manner as may be prercrlbed;- (d) one member each to be nomrnaed by the Government from amongst private market licensees, dlrect market llcensees and elecfontc mi"k"tpla." lic€nsees ln zuch manner as may be prescribed; (e) one member to be nomrnated by trre Government Fom amorust registered farmer producer corrpanies,lfany, tn such manner as may be prescribed; (D one member to be nominatetr by dre Govemrnent from amontst rrcense€s gran&d a license under section 111 of the Act in such ,-n.. as may be prescrlbed; G) One member to be nomlnaH by the Govemment ftom amongst market pardclpants from other states ln such manner as may be prescribed; (h) Ofrclals of the Goyernment ofAssam,aroficto; 0) fcretary to the Goverameng Departsnent of Agrlculture and Hordculture; 0i) Secretary Commerce; to the Governmen! Departrnent of Industrtes and (lll) Secr€ary to the Gorrcrnmenq, Departnerft of Cooperation; (lv) Sccrstary to the Government, Department of Animat Husbandry and Veterlnary; (v) Secretary to the Govemment, Departrnent of Fisheries; [vi) Secretary to thc Governmenq, Departnent of Urban Developmeng (vtt) Secretary to the Governraent Department of Rural Derrelopment; (vlll) sccretary to the Governmen! Department of Envircnment and Forests; (lr) Direcbr ofAgrtcultural Markedng; (x) Reglstrar of Co-operative Sociedes, Assam; (rd) The Ghrd Breordrn officer of the Board appointed under section 56 0f thtcAcB 0) A nomlnce of tlre Agrlcultural Marketlng Advlsor to the Government of India or hrs nomine+ not below tte rank ofan under secretary !o Gon:rnment of lndlaner.oficto1. o A r€presentadrc of the National Bank for Agrrorlture and Rural Development not below dre rank of Deputy General Manager. Te,- ofomcc ofnonrnatcd membersof the Board. - The nomirucd memberc of the Board slrall, save as otherwise provlded ln this Actr hold office for a perlod of five yeafs. {9" THE AS SAM GAZETTE, EXTRAOR.DnIARY IJLY ts, 2022 6385 ,tr' Actr of the Boerd aot to ba r'v.ttd. - No a". of the Board or ary sub-,commi*ee thereof, or ofany person actlnt as a member, ChairpersotL Vice Chalrpetson or the chref Erecudve officer shalr be deemed .o be tnrrattd by rcason onry orrcru a.f".tin the cottstitrrdon or appolntment of the Board, sub-comml&g member, Chalrpersorl Vice Chalrpercon or tte Ghlef Execu've Officer on the gr.ound that dt€g, or-aiy or thero werc drsqualrfied for such offic", or that a formar notice of the tntention to troro a meeting ofthe Board or sub-commrttee was not given duly or by reason ofsuch Act havrng been done durlng th€ period of any ,racancy rn the officsof the chairperson, vice charrperson or members of the Board or the chref Execudve officer or any other hfirmltl. not affecdng the merlts of the case. 51' Reergn'dor ofcherryrcrson or me'bers of the Board. - (1) The chairyerson of the Board may resign hls membershlp ln wrldng delivered or caused to b€ dellvered to the state covernmant and sudr r€srgratron sha[ be efrective from the date oF acceptance by tlre shte Governmeng unless, before suct aceptanc€ he withdraws such restgnadon in wrtting under his hand addressed to the state Govenrment [2) A member of the Board other than an ex-officro member may resign his membership tn writir& addressed to the state Government and delrvered or caused to be delivered to the Chalrperson ofthe Boar4 who shall acknowledge the recelpt of the same and forward to the State Governmem and such rcslgnatlon shall be effective from the date of acceptancE by the State GovernmenL unress, before sueh acceptance he withdraws such resignation in wridng under hls hand addressed to tJre State Go_vernmenL 52' Remornl of chatracrrcn or EGmbeE of dre goard - (1) The state Governmenr may by order remove the charrperson or members of the Board, tf the chairperson or sudr member have become subiect to any of dre disqualrficasons under this Act or for mtsconduct rn the drscharge of their dutres or for n(ryrect of or incapactty to perform therr du6es or for being persrstendy rcmiss in tlre drsclrarge or theti auut: Provided that no such order sharr be made unress the charrperson or member has been glven a reasonable opportunity of belug heard. 53' Supcrre$rol ofthc Boarrl - Ifin the opinion ofthe state Gov€rnmeng the Board is not crmpetent to pedorrr, or psrsrstentty makes defaurt rn the performance of the dudes lmposed on it by or under this Act, or otherwise by taw, or o<ceeds or abuses iB powe* or rs invorved in dre misapprrcation of the Board,s fund, or rs guitty of mkmanagement, the state Government may, by notification superseae ilre soard. StL Vacandes tn tte Board. - (1) Where a vacanry occurs through resignatton, removal or non'acceptance of office by a person nomrnated to be a rnember or through such person becoming dlsqudtfied to be a member or through the death or orplry of hts term of ofrc€ as the case may be, the vacancy shall be fflled up wlthin threa months of the occurrence ofsuch vacancln Provided that if tl'e vacanry of a member occurs within six months precedrng tie date on whidr the tc*n of oEce of dre member enprres, dre vacancy shart not be ftlled up. (2) A member so appotrted to fil a vacancy shar! hord offrce tr[ the date up to which hls predecessor would have held office had such yacancy not occured. 6386 THE ASSAM GAZETTE, EXTRAORDINARY, JULY t5, 2OZ2 s5. crrduct of hrdnecr of the Eoer{. - subrect to the provlslons of the Act and the rules made thercunder, the Board shall oonduct its meeungs and othei busrness in the manaer as may be prescrlbed. 56. chrcf Eecutfuc ofiq of rhe Bo.rd. - (1) The staE Governmera drall, in the manner as may be prescribed, appoint the Chtef Bxecutrve Officer ofthe Board. (2) The chief &recutive officer shal be the ex-ofrcro secretary ofthe Board and shall hold office for such period and under such terms andconditions as may be prescribed 57. Funcdous of tte Board. - (1J The Board shall, subJect to the pmvisions of tiis Acq, rules and rreguladons made thereunder, discharge tle folrowing funcdons and shall have porver to do a[ such acts as may be necesrary or enpedrent fur carrying out i." functions, namely: - (a) to advise on matters referred to lt by the State Governmenq (b) to exerclse superintendence and control over market committees in such manner as may bc prescribed; (c) b direct marbt committees in genenar or any mad(et commrttee in pardcular, wlth e view to ensure lmprcvement ln thelr functions thereof; (d) to formulate a procuremetrt polrcy fur the Board and market commrtte€s: (e) to co-ordinat€ the working of market commrttees and therr afrairs thereof, lncluding progr,iamm$ undertaken by them for the developrnent of regulated marlcts and dellneaEd mar&et arcas; (0 to pr€pa* praru for the development of agricurtural marketing regurated markets and matters inc{dental thereto ln the State; (t) to hcllltatc, pnomote and deverop regutated market infrastructure in the Statg includlng encouraglng public private partxrershlps; (h) (i) to $tabllsh standards for market lnfrastructure in the Sfate, to approve pmposals fur selecdon of nerv srtes by market committees for establ lshment of market yards; to supeMse and guide market committees ln the preparation of plans and $tlmates of onstruction progammes undertaken by them; b apprcve proposals submltted by market commiBees for constnrctlng lnfrastuctural factllties ln the delneated market area; to establlsh standards for agriculurral produce, promote gradlng and standardbadon and quallty certlfication of agricultural produce ln the staE by retting up of an Agricultural hoduce Marketing Sandards Bureu; tk) 0) 0) (m) to malntatn a panel ofsuttabte candrdat€s, rncrudrng professionars not in the seMc€ of the State covernment or a Local Authority, for being appointed as Execrrtive Officers; THE AS SAM GAZETTE, EXTRAORDINARY rU\.v ts, zozz 6387 (n) (o) (p) (2') Tlre charrperson or the chief B@cudve ofrer of the Board or any other employee of the Board authorlz€d In this behalf by the Board may, calt for any lnbrmadon or rcturrr Fom a market coEtmlttee ln relauon to such market comBitEe and shall have the power to lmp€ct the rccords of a Ererket commlttGe. 5& Porcr to borors. - The Board may, ftom time to dm", urlth the prevlous sanction of ttc staE Government, borrow money ftom a bank or a finEncral lnstttudon or lrsuc drbentl€s 3ecurcd on any property vestcd ln lt fur carrylng out tlre purpose for whlch it has bccn established and may lncur any expendthrre towards borrowlng moncy or lssue of debentures. s9. Poucrr to lrslG Egd,.dols - (1) ore Board may. subrect to rlre prwrrroru of thrs Act and the rules made trerrunder and witl, the prevtous approval of tre state Cowrnmcnt, maks regulaUons br carrylnt into etre<t ttre purposcs of tlrls Act (2) ln partlcllar, and wi0tout prejudlce to rhe gencrativ ofthe for€golng power, thc Board may meke regulatlons to provtde for all or any of the fu owlng naftars,namely:- (a) powers end dudcs of thc Board, the Chalrpcrson, and dre Chtcf Executirrc Ofrcec (b) sunnoning and holding of meedngs of the Board, the dme and date when sudr meetlngs are to be h€t4 the mnduct of busin€rs at such mcoungs and thc number ofsuch persons ncccssary b Form a quorum thereat (c) the powct! and duues of ofrcers and odrer emplqrces ofthe Board; (O recmit ert, appointment and other condltions of servlc! of officers and enplryecs of dre Board; (q) (r) G) b trah emplryceq rneenbell and other ftmcdomrler'of Qre Board and market commlttces, agdcliltrrists and prnduccrr and merklt funcEoneries on agrlcultural ma*edng Indudfng organtsing scminars, worlcsops, study vblts and exh lbltlons; to undertake c[tenslon servlces ln the markedng of agrtcuttural produe and allled .secton, induding in the transfer of markedng technolory, lnformafron on producdon, sale, storagE, processln& prlce drssemlneto& etc.; b adnlnlsEr the AssaE SEte Agriculhrrat Markedng goard Fund and the Agricutturd Mar*eting Dewropment Fund and etecute ar worrrs chargeabre ttercto; to prcvide asslstanc€, loans and subwntions to marlret commlttce, under such tcrms and condlHons as lt uay deeD f,g any other function that may be cntrusted to Ote Boatd by the Stae Govemment under thls Acq .ny other funcdon consldercd nGoessary for carrylnt out tlte provisioru of thtrAcL 63E6 THEASS EXTRAORDINARY JI.]LY 15, ZO22 (e) (0 G) th) ID 0) (k) Note: management of tfie prcp€rty of thc Boad; erecudon of @ntract and acqutrlng and dlsposal of movrable and immovable propcrdes on behalfof the Board; assurances ofprope4y on behatfofthe Board; manner ofpreparadon ofbudget and lncrrrrlnt expenditur€; malnteoance of accounB, monltorirg and prcparaHon of annuat accounts and balance shect aloru with the annuat ,epo.t of dre Aoardt audidng the accounts ofthe Board; and any other matEr, for whlct provlston has to be or may be provlded by tterqulatlons ?he Board shalt not creat€ :rny ports of any category for carrytng out thedu6es of the Board or Msr*et Committees- in "; ;;; wtdrout prtor apptlval of State Government 60. 51. 62- 53. il. Grants or loau to dre Board. - The State Government may provtde financialassistalce in_ the form of grants or loans to tte S;;rd--io, the development ofmadetint infrasEucture, pmmotion of agri"lt *i rn.it"tfng or any otrer purposeas lt may deem lt nece$ary. Gon-trrbrruoD.to.statc AgrtcutEral f,tar*edng Board. - Every market commrtteein the state shafl pay to the. B_o-ard, t"ore urZ nne"i*, of every month, in suchmanner as may b€ pressribd, l0*I cent of lts gross recelp,ts recelved aurini tf," !:€vigus cale.pda-r month by r,rny oi license fee ,,ii *.if.i r*q as conrriburion forcarrying out the funcdons asslgned to the Board und", tf-ri, e"t e$sttr State rtgrlcrrltlral Mar*eting goard Faad. _Att moneys r€cetved by theBoard by way of contributlo* fees o.r-othei "f,.G, ,U'iloneys recelved by way ofloaru- and all g"nt$ loans or contrlbuHons ,.d;-d;tdh"E Government to theBoard shall brm part of a fund to be -rt.d th" &;iLie agrrcururat MarketingBoard Fun4 whlch chalr be used ana "xpenal iilr.h rn"rn", as may beprcscrlbed. fsrtquttu.nl Markedag Devclopment Fund. - [lJ Half the amount rec€tved by theBoard under section 61 of the Act as contrrbuuonior-*"*"t .o,oo,rtt"* a-ii"slyear shdl be tr.nsferred to a separate fund to trc knovm as the AgricurturarMarkedng Danelopment Fund. (2J The Agrlculhrrat Marketing Deveropment Fund shafl be expended by the Boatd in such manner as may be prescrtbed, Pu?oser br whldr 6c Assan St te Agrlcuttur?l Markethg Board Fuad shall be erpcadeo - (1) T}.e Assam state Agricultural Markedng Board Fund shall be udllsed by the Board br the discharge of funcdons entrusted to lt under this Acu @ tn particular, and Mthout ptejudice to the generality of this provlsio& theA.isam. Statc A$tcultural trl""i(eting A"a"A-fuia_.*.y be utillsed for thebllowlng purposes, namely: _ (a) payment of admrnistradve expendi're ofthe Board, rncruding payment ofsalarles and wages, contribution towards ;;;;;t tun4 pensions, leavesalary and graurd€s, compensadons for drudes ;urtmi h, i#d*",compasslonate allowances for rhe offfcers ind staff "rpi"y"ft;-lq ,diexpenses, honorarium, sttthg fee, travelllng and odrer "U6*r".t i" fi.Chalrperson and members ani audit fees; THE ASSAM G AZETTE, EXTRAORDINARY IULY 15, 2022 6389 tb) (c) td) (e) (0 tmprcvement to the reguladon of agriculhral merketlng ln Bte State llke provlding tcchnlcal asslstanct to market commltEes, lntcrnal and speclal audit of market committees and surveillance of trading; Erandng ald to flnandally weak or needy market commlttc€s ln the furm of Ioans or grants; BaininS of the members of the Board and market commlttees, officcrs and employees of the Board and market clmmitte€s, market functionaries and agriculturtsts and producers; lmpardng educadon ln the marketlng ofagricultural prcduce; prope8anda and publicity on matters relating to rnarkedng of agriclltural produce; or?anlsing and arranging study vlsits, worlshops, seminars, exhlbldons etc, on ag arltural marketing; market survey and researcb pertainlng to agricultural marketing gradlng and standardisatlon, quallty certificstlon of agrlcultural produce and other allied matterc; general imprcvement of the hcilitles for the transport of nodfied agrlcultural produce to the market yard and the marketlng thereof; devclopment of media c5&er. lnformatson tectnolo6l and long.dlttance infrastrucurc relevant to marketing of agrioltural pmduce and allied commodlHes; any purpose as may bc deemed necessary by the Board for carrying out lhe purposes of tllis Acq and any purpose es may be dlrected by the State Government for carrylng out the purposes of this AcL 65. Accoultr of fhe Board. -The manner ln whlch any payment kom the Assam State Aglculural Marketlng Board Fund shall be made, its accounts shall be k€pt and audited or re-audit d (lncluding powers to be exerdsed by the auditor ln that behalD, lts annual, revised or supplementary budget estimates ofincome and expenditure shall trc made (lncluding proeision fur modifting annulllng or resdndlng such budgets) and lts annual admlnlsEation rcport shall be preparcd, shall be prescribed by rules made In that behalf, 66. Prcparadon and tancdo[ of budget - (1) The Board shall prepare and pass a budget of lts lnome and expenditure for the ensulng year in the prescribed form and shall submit it to the State Government for approval, The State Government shall approve the budget with or without modificatlons, within two months from the date ofreccipt thereof, falllng whict the budget shall deemed to havc been approved. G) o) (i) 0) (k) CI (m) (n) development of quality testing and communlcadon tnfrastmcture relevant to aSricuttural markedngand allled scctorri acquiring or constructint or hirlng by Iease or otherwise of buildings or land for performlng the dudes ofthe Board; 6390 67, TI{E ASSAM GAZETTE, EXTRAORD II.TARY, IIJI-Y lS, 2022 (2) No apendiarre shall be inctrred by the Board on an 7 ltem tf therc rs no prcvlslon in the sancioned budget Brereof, Provlded that the Board may, wtth the prior approvat of the State Government, re.approprlate the saving avaitable under one hsad to otler heads for incurring expenditure under such other heads. (3) The Board may, at any flme during the year for whrch a budget has been approved by the state Governmeng Gruse a rcvised or supplementary budget to be passed and submit to &e State Government for approval, in the same nanner as if it were an original budget Audlt of.o'oults of trre Boald. - (1) subject to oris Act and the rules made thereunder, t}le accounts ofthe Board shall be audited yearly. (2) the report of audit of tle accounts of the Board shalr be submitted to the state Government arong with the comments of the Board, wrthtn six months ofthe completion ofthe financiat year. CTIAPTER.XIT Sprlal Marftets 58. Spcd.l trartets, - The Dlrector of Agrtculnrral Marketlng may, after consldering such matters as may be prescribed, by notrflcauon dectare iny market as a -special madcC, to be operated in addition to an existing regulated market for improved reguladon of markedng of agrlcultural produce. 69. MarLct coEmltlee for spectat markets - (1) The state Government may, ,f in its oplnlon tt ls expedient to do sq take necessary steps for the esabflshment of a separate msrket committee for the speciar marke! in the manner provided rn this Act notwtthstanding that the speciar market fails within the .lurisdiction of any marl@t committee or committees arready functioning and regurating markeung of any other commodlt5r or commodities (2) when a spec{al market Is esabushed under this chapter, rhe state Government may by notificadon decrare that the provrsrons of trrr Act sha[, wlth such modtffcaHons, as may be specified ln the nodficatton, apply ln rrespect ofsuclr special market (3) Subrect to any modlffcadon no$fled under sub-secdon [2) abovg the provisrons of thrs Act sharl rauco ds mutandis apply to the mart(et commlttees established in pursuance ofthe provislons of t}rls chapter. T}IE ASSAM GAZETTE, EXTRAORDIN ARY 1 5 2022 6391 CHAPTER.XIil Priyate Markets 70. Gratrt of uc€rsG to esublish a prlvate Darlnet - (1) No person shalt esublish and opcrirte a priv"at€ market for mar*eting of agrlcultural produce without obtalnlng a llcense under thls Act {2) Any person may -appty to the Director of Agicultural Marf(eflng for grant of a llcense to establish a prlvate market ln the State, in such form,'in such manner and with such fees, as may be prescribed. (3) Every appllcaEon made under this section shall be dtsposed of by tlre Director of Agrlanlurral Marketing wlthln a period of sixty days from the date of receipt of such applicaHon. (4) SubJect to such conditions as may be presclibed the Director of Agrlcultural Markedng may either grant a ticense ln the precrtbed nanner to the applicant for establishing a prlvate market or refuse to grant a llcense under thls section: Provided that if the Dlrector of Agricultural Marketing rcfuses to grant a llcense under this secdon, he shall record dte Feasons for such refusal in wridng and communicate hls order to the appucant (5) Every llcense granted under thts s€ctlod shall rematn valid from the date of its issue for such period as may be specified ln the license and may be renewed from time to tlhe, for such perlod on pa5ment of sudr fee, tn such manner and on fulfilment of such condltioru as may be prescribed. (61 lf the Dtrector of Agrlarltural Marketing refuses to renew a Iicense granted urdcr this sec{oq he shall record the reasons for such refusal In writing and communisate hls order to the appllcant 7L Power to suspend a license. - (1) The Director of Agrtcultural Markettng may suspend the license if in his opiniorL it is not in public interest that the prlvate market OntinueS to cany on lts functlons, (2, Any order Issued under thls section shall speclfy the delineated market area or areas that the llcensee shall not operate, the duration of suspensl,on and such other detail as may be prescribed. (3) No order of suspension shall remain in force for a period *ceeding flfteen daSrs from tlre date of the order, save in cases wher€ the Dircctor of Agdcultural Marketing commences proceedlngs under section 72 of this Acr 7L Caroclladon of llcense. - (1) The Dlrector of Agricultural Markedng may cancel the Ilcense If, - (a) the licensee has obtained the license fraudulently or by mlsreprcsentation of facts; (b) the licensee or any person acting on his behalf, has violated any of the provlslons of the AcL the rules made thereunder or the bye-laws or tenns and ondlHons of the license; A'HE ASS , EXTRAORDINARY IULY 15, 2022 G) tjre ln concert wtth otler llcensees or other pefsons, wllfully act or abstains from carrying its normal functions andcommlts any rcsponsrbilities in its market yard with an rntention of obst'ctin& suspendint or stopplng the marketing of agriculhrral produce in tlle market lrard or derln€ated market anea and rn consequence whereof marketing of any such agrlcultural produce has been obsuucted suspended or stoppeJ; (d) the rrcensee has been adjudrcated as an in'orvent or is an un-discharged lnsolveng (e) the licensee incurs any disqualificatiorl as may be prescribed; or (fl lf the hotder of lrcense is convrctcd of any oftnce under the Actand a pertod ofone year from the date ofsudr convtctron has not rapsed ifthe conviction ls for the first time and a period of three years has not lapsed for every subsequent conviclCon: hovlded that no order cancelling the license shall be made unless the licensee has been given a reasonabt€ opportunlty of belng heard, (2, Any proceeding under thrs section shall be completed within a period of 6lrty days ftom the date of commencement theneof,, 73. Bye'laws of a prrvate market - (1) Every private market licensed urder this chaptcr shart ftame bye'laws for the conduct of its bushess, incruding fixatron of its serdce charges, rcgistratron of market functionaries, quarity tesdng of agricurtural produce, process by which the produce can be sold w€lghmenB payme-nt of sateyalue m sellers and dispute resolutton (2) A copy of the bye-taws framed and any subsequent amendments thereof shall be submrtted .o the Dlrecbr ofAgricurturar Marketing aud uptoaded on the web-stte of t,lc private market at least flfteen days Uetore Ue bye-laws or the amendment becomes efrective, 7tL Hnclpel market 5rardo and sub-merkct yards. _ (1) Every private market licensed under thrs chapter sha[, under intrmadon to the Director of Agrtculturar Markefin& declare any place in the derineated market ar?a to be used as the principalmarket lrard and other praces as sub-market lands for the marketing of agrlctltural produce. Erplanruo'. - In this sectron, the expression 'prace' shaU rncrude any struco,r., enclosure, bu dlng warehouse, godown, open place, tocality or street, whether owned by the llcensee or nou (2) The land requtrement and other facilities to be a%ilabte for dedaring a place as a prrncrpar market yard or a sub-market yard shafl be suc]r as m-ay be prescribed. 75. Iluti6 erd respotrdbutues ofa prlvaE Earket llcersee. _ (U Subrect to the provisions of thrs Act and rures, it shal be the duty ofa prrvate market rtcensee, to: (a) provide in Its market yard necessary infrasEucturc facilifies for buyers to buy agricultural produce ftom producers under the conditions of ricense granted to lt and as per its bye-laws; THE ASSAM G AZETTE, EXTRAORDINARY, JULY 1 5, 2022 6393 79. Aan'.al report of pdvate matl(ct - A private market shall, along with its audited accounts for the ffnancial year submit an annuat report containing such details as may be prescribed, to the Dlrector of Agriculturat Marketlng wlthin seven months &rom the close of the Anancial )rear. CHAPTER - XIV FaErer - cotraumer markets (b) provide nectssary faclllHes br storage of nodfied agrJorlarral produce and fundlng of such produce, wherwer neoessary; (2) A prlyate market llc€nsee may levy and coltect r€gistradon fees and service charges for the services rendered and utitities provlded to sellerr, buyers and all other functionaries redstered with or uslng tlre priyate marlcet and shall perlodlcally remlt such amounts a3 may be preacribed to the Board or the mar*et commtttee of the delineated market area $tere lt ts sltuated. 76. Irlsputc rcroludon - (1) Dtsputes arislnt In a prlvate market shal tre resolved by tle tlcensee as per lts bye-laws withtn flfteen days of the arislng of t}le dlspute, (2) Any person whose dlspute is not resolyed as per sub sedon (1) may appeal to the Direefotof Agrlculrut?l Marketing withtn thtrty days of artslng of the dispute and the Director of Agricultural Marketing may pass such ordens as may be deemed necessary. (3) Any person aggriwed by the rtsoluuon of the dispute trrder sub-seaion (1J may appeal to the Dlrector of Agricutarral Marketing withln fffteen days of the declslon. and any order passed by tlle Director of Agriculturat Markettng in the matter shall be final and shall not be called ln quesdon in any Court of Iaw. n, Sanrtcr of tae prtt aE Earkrt - Errery prlyate market llcensed under thts chapter shall appoint a Manager of the private markeE who shall be respouslble to carry out the dudes and rcsponslbilides of the prlyate market as provlded in this Act and the rul6 ftahed thereunder and lts bye-laws. 7E $bmlsslotr of lnfomatlotr. - (1) Every private market llcensed under thts chapter shall submlt such periodic infurmauon wlthlh such time as may be directed by the Director of Agrlculhrral Markettng (2) The Dlrector of Agiculturel Marketlng may call for sudr infurmadon as deemed neccssary and the prlvate market shall submlt such informadon as expedltiou sly as possible. E0, Farrtrcr - consumer mad(ets. - (1) Farmer - consumer markets may be Btablrshed in a delineated market area by the market commlttee or by any prrson to encourage the producer ofagrtcultural product to sell dtrectly to the consumen Provlded that no oonsumer shall purchase more than such quantlty of agrlculhral prduce at a time ln the farmer - cotu mer mat*et as may be speclffed by the Dlrcctor ofAgricultural MarketinS (2) Save as otherwise provided in t}tts Act no market fee shall be levied on the traDsactions undertaken ln the farmer - consumer markeL 6394 TImASSAM GAZETTE, EXTRAORDINARY, ItJLy t5, 2022 til- Frncr - crmru'€r Er.kd crtrblbhed by a mlrtlt ool'arttca - A rcguhted market commrtEe may, after resotvrng to do so and informrng the Drrcctor of A8rlcrdural Mar*etlng and the Boarr4 establlsh a farmer - oonsumer market In lts ddlneated market area &. Hvatc famcF Gotrs.onGr nrrftctr. - (1) A,ly pe6on may appty to the Dircctor of Agrictltural Marlaetlng for grant of a ticense to establish a farmer _ consumer market at any spec{lled locauon in thc sate, il such hrr& in such manner and wlth such fees, as may be prescrlbed. (2) lvery appticaEon made under rhis secdon shall tre disposed of bv theDir.ctor of Agricutrural Itfarkedng withtn a pe.loa of ;i_i;;yr-;# ;" date of receipt of such application, cal subrect to sudrcondrtions as may be prescrrbe4 the Drrector of Agiorturat Ma1fgtsne-maV eirher grant a license tn tlre presubeJ ;;;;,* ; th"apErcant for cstablishftu a private farmenconsumer market or refuse togrant a ticense under ttls secton: provlded that if the Dlrector of Agrtcultural Mark*ing refuses togrant a license under thrs sectroq he shill record o" ,""son" o, *.trefisal ln writing and communlcate iris order to dre applcant ' - '- -- - ({) E}eu llcense granted under this sectlon shall remain valtd hom tte date ofits lssqe for such p-Igd "r- may be specifled in t. fic.n"e- ";-;;;"renewed from d-meto time,-for suctr perioa, on palment of suctr fee, ln luchmanner and on fulfilment ofsuch conditions as ma! be prescribed. (t lf the Drrzctor of F"gp', Marketing refuses to renew a lrcense gran*d under rrris secrro4 he sharr record t}e rdasons 6r sucb ;fu".i;;"d-"il; communlcate hls ordor to the appllcant (5) the provtsrons o-f s€cdon z1 to section 79 of the Act shar r, mutods mutandrsapply to private farmer _ consumer markets. CRAFTER-XV Dhcct markedry of agrtcolarral producc E3. 6raat of llcease for dlrcct ma*sdrlE _(1) Any person wltlr hftasBucture and other factltds as nay be prescrtb"a ana wittr Ujri.. , ,.tarf J"i;;;;il; Director for grant of license for dtrect purthase of agricul.rc p"oduce'hom farmers outside the market Jrar4 sub market yard, prlvate market Jrard lnwholesale as may be specified. @ Every appttcadon -made under dris sectron stalr be disposed of by theDtrcctor of Agrtcultural q1*3UaS wtthin a period of ,rty a"y"-i_,i, n"date of recelpt ofsuch appllcation. (3) Subiect to suctr col1lLlon. * r"{.be prescribed, thc Dtrerror ofAgrtculturalMar*efing may etther gant a iiocnse tn the prcscdbed manner ro theapplicant for esabrishrng drrect markedng or reftrse to gaat irrcoue unJeithls secHon: prcvlded that lf lle Dircctor of Agrtcrilurral Marketing refuses togrant a lloense under drls seedo& he shill record &e reasolii f;;;;rcfusal in wr"rting and communlcate trtg order to ttre appllcani THE ASSAM GAZETTE, EXTRAORDINARY JULY 15, 2022 6395 (4) Bvery ltcense granled undcr thls section shall remaln ralid from &e daE of Its ,ssue for sudl perlod as may be specificd ln the llcense and may be renewed from tlme to tlme, fur 3uch perlod, on palment of such fee, in such manner and on fulfilment ofsuch condlUons as may be prescribed. (5, If the Dlrector of Agricultural Marketing refuses to renew a license granted under this secHon, he shall record the reasons for such refusat in wriEng and communlcate hls order to the appllcanL 8tL Power to euqrend a llcense, - (1) The Dlrector of Agrisultural Markethg may susPend tfe license lf tn his opiniort lt ls not in public interest that the dlrect market llcensee contlnu6 to carry on lts functions (2) Any order lssucd undcr this section shatl specify the dellneated market area or areas that the llcensee shall not operate, the duradon of suspension and such other detall as may be prescribed, (3) No order of surpensior shall remain ln force for a perlod e:rce€ding fifteen days ftom t}re date of the order, save in cascs where the Dlrector of Agricultural Marketing c-ommences proceedlngs under section 84 of tlrts AcL E5. Cancclladon ofliccnsa - (1) The Director ofAgricultural Marketint may c"ncel the licease if, - (a) tlre licensee has obtalned the llcense fraudulendy or by mlircpresetrtation of facts; (b) tlte licensee or any penron acting on hls behalf, has vlolated any of tlte prosislons of ttre Acq the rules made thereunder or the bye-laws or terrns and condltions ofthe llcense; (c) the tlcensee in conceft with other llcensees or other persons, wilfully commlts any act or abstalns from carrying its normal functlons and responslblllEes in its market yard, with an lntention of obstrucdn& suspendlnt or stopplng the markeung of agricultura.l produce ln the market yard or delineated market area and ln consequence whereof markeung of any such agllcultural produce has been obstnrcted, suspended or stopped; (dl the licrnsee has been adjudlcaEd as an lnsolvent or ls an un-dlscharged lnsolvenq (e) (D the llcensee lncurs any disqualificadone as may be prescribed; or if the holder of license k convlcEd of any ofrence undcr the Act and a pertod ofone year Fom the date ofsuclr convtction has not lapsed lf the convlction ls for the 0rst dme and a perlod of three years has not lapsed for every subsequent convlction: Pmuded that no order cancelling the Iicense shall be made unless the llcensee has been given a reasonable opporonity ofbeing heard Any proceedlng under tlris secdon shall be completed wlthln a perlod of thirty dap from the date of commenccment ther@f. (2) 6396 THEASSAM GAZETTE, EXTRAORDINARY, IIULY 15, 2022 06, pelerr of e dtact oertct - (1) Elrcry dlr€ct marlct licensee undqp ttrls drapter slull &ame bye-hrvs br tte conduct o,f iB bu!tn63, idcrudrng findon of iB seMce dlarge$ r€grshadon of marrcet funcrronarr*, quattty tesHng of agrcurh[ar produce, procesr by whldr the prcduce can be sold, welghmeng payment of sale rralue to sellers and dlspute resolution (?) A copy of the bye,tarvs framed a'd any subsequent amendments ther.of shalr be submrtted to the Dtrector ofAgriculturar Marketrng and uproaded on the web-srte of tte drrect mar*et ricensee ar teast ftfteen days beforc the byelaws or the amendment becomes efrective. c7. Place of budneer of a dhft martret fierea - Every drrect arark$ rhensee undcr this chapter shar, under intimation to the Dlrector ofAgriculturar Markesng dcclare any place ln the delineacd market area to be used as lts place of buslness for the markedng of agricuthrral produce, DrpLruedoa - In this section the expression ,,ptace, sball i,nclude any structure, enclosure, bu drn& raarehouse, godow4 open place, locality or sneeq whetlrcr owned by the llcensee or not. 8& Dudcs aad rcrponstbr[tres of a dtrcct market ucensee. - (1) subrect to the provrsions of thrs Act ard rul6, it shall be thc duty ofa dtrect markei licensee, to _ (a) provide In lts b$.ine$ place necessary tnfrastructure facilitis for buyers to buy agrtcurEral produce from producers under tl.e condidons of iicen"e $anted to lt and as per its bye-laws; (b) provrde necessary fasfidcs fur sto'ge of nodfied agrr$Iturar pmduce and fundlng of such prcduce, wherewr necessary; (2) A dlrect marrct ricensee shau perlodica[y remit apprtcabte market fte as may be prcscribed to the market commrttee of the deltneated market area where dtect purdrase ls made. 69. D&putc rcmlutlon" - (1) Drsputes arlsrng in a drrect market sh.ll be resolved by tbe llcensee as per lts byc-taws wtthln fifteen dayr of the arlslng of the dkpute. (2) Any percon whose dtspute ls not resolved as per sub sccdon (1) above may appear to $c otrcctor of Agrrcurt,rat Marketing wrttin ttrrty dar6 0f arising of the dlspute and the Dtrector of Agrtcularral Ma*€dng- may pas6 sxrch orders as may be deemed necessaqr, (3) Any person aggrteved by trre resorution ofthe drspute under sub.sectron IIJaboe may .ppeal to the Dltwtor of Agrloiltumi Marketing within fifuen days of tie decision, and any order passed by the orrecor of Agricuttura Ma*edng ln the mattEr shall be ffnal and shall not be caled in q-uesdon tn any Court of Law. 90. f,Iau4er of the drrqpt mr*et, - Every dircct market rice*ed under thrr drapter shall appoint a Manager of the dlrect markst, who shalt be responslue to carryout the duties and rusponsibirities of tbe drrcct market as provtded tn thts Act and the rules framed thereunder and its bye-laws. TIIE ASSAM GAZETTE, EXTRAORDINARY, IULY 15, 2022 6397 91, Submlcslon of lniormadon - (1) Every dlrect market licensed undel thls chapter shall submlt such periodic informadon withln such tlme as may be dlrected by the Dlrector of Agrlcultural Marketing t2) The Dlrcctor of Agricultural Marketlng may call fur such information as dcemed neo*sary and tlre dlrect market llc€nsec shall submit such lnfurmation as sxpeditiously as posslble. 92. /lnnual report of dlEct Eark€3 lloeasce, - A dlrect market licensee shall, along with its audlted a(tounts for the finandal year submtt an annual report containing such detatk as may be pr$cribed, to the Dlrector of Atricultural Marketlng nrithin seven months from the dose of the nnanclal ,rear. CHAPTM.XVI Btectrorlc markeplace fulemdon (1): Exdranges recoSnlsed by dre Securides and E (chang€ Board of Indla, providlng for tradlng ln commodity derivative contracts shall not be considered as electronlc marketplaces for the purpose ofthls AcL Erplanedon @): MarkeB funcdonlng under tlle supeMsion of a market commlttee or a private markct liccnsee, using'an electronic platform for transactions wlth the buyerg and sellers being present in the market yard shall not be treated as an electronic marketplace. 9{. Rstablt*ncnt of an etectronlc nafketplace. - (1) No person shall esablish and operats an electronlc marketplace for marketing of agricultural produce witltout obeltnlng a llceBe under this AcL Erphnatson: (1) A marhet committee or a prlvate market licensee may, wlthout a Ilcense, op€rate its market yards uslng an electronic plaform Btablished and operated by the State Government or aEencies as may be notified by it. (2t Any pcrson may apply to the Director of Aglcultural Markedng for Srant of a llcense to eslablish an elecconlc marketplace in the SEte, ln such form, in such manner and wlth such fees, as may be prescribed. (3) Every appllcation made under thls section shall be dlsposed of by the Director of Agrictlnrral Mar*eting wtthin a perlod of sixty days from the date of receipt ofsuch applicadon. (4) SubJect to suclr condldons as may be prcscribed, the Director of Atrlcultural Mar*eting may either grant a llcense tn the prescribed manner to tlre applicant for establishlng an elecrordc marketplace or refuse to Snant a license under this sec{on: Provtded that if the Director of Agricultural Markedng refuses to grant a llcense under this section, he shall record the reasons for such refusal ltr vrriting and communicate hls order to the applicant ,L Elecfnoutc mar{rcnplece. -An electronic markeplace pmvldes for bulng and sclling of agrlcultural produce, where the buyer and seller ransact through an elecfiontc pladorm, wlth physical delivery of the agricultural produce concluding t}te transacdon THE ASSAM GAZETTE, EXTRAORDINARY, TULY 15, 2022 (5) Every license granted under thls scctlon shall rematn yalld hom the date of tts ls8uc for socfi parlod es may be spcclfied ln thc ltcensc and rnay be renewed from dmc to dloe, for such prrlod, on paymerrt of such Ee, in luch manner irnd on fulolment of such condltlons as may be prescrlbed. (6) lf the Dltrctor of AgrrnrlEral Markedng refuses to ren€{^, a ticense granted under thls scc{on, he shalt record the reasons for such refusat tn wrld'ng and communlcate his order to the appltcant 95' Prdtlu.s to be pnovldcd by a! cteclrontc marlcglece. - An etectronrc marketplace licansed under tlrls chapter shall provtde, - (11 an clectronic plauorzr, compr:lstng a trrding ptatform, materlat acooundnt module trade compledon modulg fuitd- proccsslng module, dad management module and reporl{ng modute; (2) facillder for tesdit dle qualtv of agrrcutturat produce ard rts c€rdficadon; (3) fadlldes for storlng the agrlcultural producg as may be expedtenq (4) flnancing of the rgrtcultural produce, in case It ts stor€d for sale at a lat€r daE; (5) otdtne Eading and clearlng sysEm with natsonal reach; (6) approprlate dlspute rtsotuuon mechanisms; and tr such othcr hcilrties as the Dtrrctor of Agricuturar Markedng may drrect fitm dme to dmc. 96. Pnoddonr to apDly, - The prcvrslons of secton 71 to sectronTg of this Act shatL u&ds mu&,ndb appry to an erectrcnic markepiace liccnsed under tiis chapter. CXIAPTBR-XVN Rcgulatlon oftradlag 97. Re8,Ltlon ol mertedag of qrrcrrrurrer pr.duce, - on and after t}e date of tie publlcation ofthe nottf,ca60n under recdon 12 0f the Act or at such later date as may be speclf,ed theretn, - (1) sale ofagridrltural produce shall not take place except in, - (a) a market )ard cstablrshed by a regutated mar*et or a spedal rharket or a prlyaE mar*ct or o) (c) (o (2) a hrmer conslmer markeE or under a dlrect markedng arrangemenq or an elecfonlc marketplace; no- persol shall, croept ln accordance with the provlslons of thfs Act, t}le*F *1 the bye-lar,rrs made tbcreunder and in confomlty wlth the tenns and condiHons of a ltcense granted in thts behalf shall. - use any place ln the dellneated marftet arca for the markedng of aErrcultural produce; or opcrate ln Ure delineated markGt arca or tn any market thereln as a market funcdonary in relation o the martetirg of agrtaulural produos; (a) (b) 6398 T}M ASSAM GAZETTE, EXTRAORDINARY, JULY 15 ,2022 6399 (3) h) (b) [c) notilng ln tils secdon rhall epply, lf such agrlculurral prcduce ,s sold ln retail to a person who purchases suctr produce fur hls own prlyrtc consumption not exceedlng sudr quandty and, ln sudr manne4 as may be presctlbed; or lfsudr agricultural produce ts brcught for sale by head load: Provlded that the Stat€ Gwemment man by notiffcadon wtthdraw thls exempdon specifylng the reasons thereln ln respec of such dellneated market area as may be specified ln the notlficatiorL to the sale of agrrc.lturar prcduce rn tocat markets rn the prescribed mannen of 98. $, (d) lf such agriculirrar produce is purchased by an aut}orised fatr prlce shop dealer ftom the Food corporation of tndra or any other agency or rns{itution authorlsed by dre State Covernment for dlstribudon of essenual commodldes thrcugh the publlc distrlbuHon system; or (e) to the Eansftr of such agriflrturar produce to a cooperadve sodety for the purpose of securing an advance therc from but not on sale; or (0 ln case of sale of such agrrculturat produce brought by licensed or reglstered traders from outstde the dctrneatzd market at?a or in the delineated market area, but ftom rvithin ttle state in the cours€ of a commercial transacdon or by way of uznsportad ort. Lcal rn'rtcti - (1) lrcal mar*ets as on the date of commencement of thls Act shall ondnue to vest with the Local Authorlty concerned, undl noufied otherwlse by the S-tata Govcmment (2) The Dlrector of Agricuthrral Marketlng may, wlth the prlor appro'al of t}e State Government, issue sudr dlrectlons as may be deemed aecessary for rcguladng rale and purdrase ofagrlcuturrel produc: tn such locat markets, (3) Bvery Iocal Authority shall cornpty wlth the direcdons lssued under sub secdon (2) above. llelc prlce ofegrlcotErral Drodu6. - (1) The sale prlce of agrlcuttural produce brought for sale to a prlncipal market yards or sub-market yards regutated by the mar*et committe! or prirrate mart<et yards or speclal madct )rards shall be detcrmined elther by a telder qrstem or by a public auction lncludlng e-auction or ln such other traBparcnt manner as may bc prcvided in the bye.laws made under this Act (2) 'Ihe sale prlce of agrisultural produce brcught for sale to a famer consumer marlet shall be determlned by mutual agreement between the farner and the consumer. (3) Tlre sale price ofagrtcurtural pmduce brought for sale to a prlvate market or a direct urarketrng centre or an electronrc marketplace shall be determined in accordence wlth lts bye-tallE 6400 THEASSAM GAZETTE, EXTRAORDINARY JI][-Y 15, 2022 1fl,. l/Yclgtment of a3rlculturzl pnoducc sold. - Welghment of the aEflclrtturdl produce sold shall be done by such person:r, uslng such systems and in such manner as may be provided ln the bye-laws and the dlrecdons lssued by the Dlrector ofAgricultural Marketng kom tlme b dme. 10L No deducdons ln welght or payme[t other rhen &oso qr€claed. - (1) No market functionary and no other person shall make, glve, allow, recelve or recover any deducEons in weight or payment or any other dlowanc€ ln respect of any Eansacdon rclating to thc agriqtltural produce other than those provided in thls Acg ' the rules or the bye-laws made thereunder and no Clvll Court shall, in any sult or proceedlng arlslng out of any such transacdon, entertaln or auow any clalm for any deducdon or allowance not so prlovidd for. (2, Por the purpose of sub-sectton (1) above, the followlng deducdons shall be deemed to be parmisslble deduc-Eons, namely: - (a) deduc.tson of the welght of the container where the prlce f,xed accordlng to the bye-laws relat€s only to the goods contarned ln the containcr and either a sepeftrte prlce ls fixed for the container or the clntalner ls to be reAined by the seller or the contalner ls made of suctr materlal and is of negltgble valuc that lt ls p€rmltted to be dellvercd to tie buy€r wlthout payment of any prlce in accordance with the bye-laws; or (b) deducdon ln wltght on rcclunt of driage of raw produce as shall be fixed by the bye-laws, wher€ accordlng to such bye.laws, the prcduce is requlrcd to be erelghed and thc wefght recorded as 3oon as lt ls entrusd to the commission agcnt for sale and there ls no likellhood of the produce belng sold on the same day on whlch it is so entrusted; or (c) deducdon ln weight or fice, on account of devlatlon ftom sample or known standar,4 madc ln accordance with the declsioD of the authortty enmrsEd with settlemmt of dlsputes under this Act, where thb purchase is made by sample or by reference to a knovm standard; or (d) deducdon ln weight or prics, on account ofthe detecdon ofadutteradon not readily detectable on custornary examlnation made ln accordanco wlth the decision of the authority entnrsted wlth settlement of dkputes under this Act (3) The Dlrector of Agricultural Marketing shall ensure that deductlons under ctause [a) of sub-section [2) above ere uniform ln att the dellneated market araas ln the State ln respect of similar ryI€s of contatnenr and that deductions under clause (b) of sub-sectton (2) above do not materially vary ln markets located ln arcas wlth simtlar cllmadc condldons, 101L PayDe|rt ofsatG rrslEe to thc setler. - (1) The sate value ofthe agricultural produce sold shall be patd to the setler withln such period and ln such manner as may be prcscrtbed, (2) In case the buyer does not pay the sate vatue as per sub-secdon (1) aborre, he shall be liable to make addftional payment ar the liate of one percent per day of the sale value of the agrlcultural produce sold, pa5ra.ble to the seller withln ffve days of the due date. THE ASSAM GAZET'IE, EXTRAORDTNARY JULY 15, 2022 6401 1{liL comolsslon payable. - (1) A commlsslon agent shall recover hls commisslon only from the bqrer at such rates as may be specift d ln the byc-laws, not exEeedlng two pertent of the sale value of the agricultural produce sotd. (21 The commisslon payable to the commlssion agent shall include all orpenses as may be inarrred by him on the storage of the produce and other services rendered by hlm for the sale of the agrlcultural produce and no other charge or fee or amount shau be payable to him. 1(E. Prohtblttor of ceftah collccdons - No market funcdonary shall solicit or reccive remuneration for hls services by way of com'mission, ftes, chargEs or ln any other form except as prcscribed under thls Act or by tie rules or the bye. hws made thereunder. (3) In case th. buyer doer not pay the sale rralue Nlong wtft {re addldonal pajment as per subsection (2) aborc, nohMthstandlng any otter actlon that may b€ taken under thls Act the llcense of the buyer shalt be deemed to have been encelled on the srxth day and he shart not be ricenscd or granted any lkense or permltted to opefil& under thls Act fur a perlod of one year from the date ofsuch deemcd canceltaUon. 1(B. Responstbttldes of dre commtf,sion agert - A commlsslon agent shall - (1) arrange for the stor"ge ofthe goods ofthe seller; (Z) keep the goods of the seller ln safe custody and adequately insured agalnst theft or ffru, flood, raln or any other natural catamlties; and (3) dlscharge all and such functions as prcvtded ln thls Act and rules and bye- laws made thercunder. ilt6. Power to lGry rrrttct fee. - (1) lte market commlttee shall, in respect of agrlculrural pmduce brought fmm wtthln the State or outslde the State lnto the princlpal market yard or submarket yard for sale or processl nE lrvy and collect market br at such nate as may be pr€scfib€d, not ex(tedlng two rupee:r for etery one hundred rupees of sale value of such prcduce, whether for cash or br deftrred payment or otler rraluable consideradon: Provlded thet the market fee for pertshable commodities and llvestock shall not excted onc rupre fur every one hundred rupees ofsale ualue of such perlshable commodlty or lirrcstock: Provlded further that, lf on any agrlcultural produoe mar*et fee has already been levied and collected ln any market yards wlthin the State and such agflcultur"l produce ls sold or processed ln any other market yards withtn the State or exported outslde tlle State It shall be exempted from the levy of market fee (2) Nothlng contalned In tbls sectlon shall apply to sale of agrtcultural produce ln prirrate markets, farmer consumer markets, a salc arlslng as a result of a dlrcct marketing arrangement or an elecEonic marketplace Hovlded tiat the State Govemment may, through a noEfisation r€qulre that every prlvate market or an electronlc marketplace make a contrlbudon to the Agricultural Marketing Development Fund, at a rate not exceedlng fffty palse for every one hundred rupees. (3) The state Government may, by notrffcauon and subJect to such conditions as may be spec!fled therein, exempt in whole or in part the market fee payable under this Act for such period as may be specified thereln. (4) Any noHffcadon rssued under sub-secton (3) may be rescinded before the explry of the perrod for which it was to have iemained rn forcg and on such recession such nodflcadon shall cease to be in force. 1o7. otler trades. - (1) A market commiftee or a private market licensee or a drrect market llcensee or an electronic marketplace may, if ln lts opinlon it is expedient to do so, allow trades ln commodiues, rncluding Iivestock that are not notified by in the Schedule o the AcL (2) The market committee or e private market lrcensee or a direct market licensee or an etectronic marketplace as the case may be, coltect user charges ln respect of trades permltted under sub.,secdon (1) above at such rate as may be prescribed, not exce€ding two rupees for every one hundred rupees of the varue of sudr produce, whether for cash or for deferred payment or other valuable consideration: Provided that in case of perishabre commodrdes and [vestoclq the user drarges sharr not exceed one rupee for every one hundred rupees ofthe ralue of such produca (3) save as otherwlse provlded in thls Act, the market commlttee shal not lerry and collect market fee on sare tra[sactions of frurts and vegeabtes taking place outside the princlpal mar*et yard and sub-market yard. 10& Board not to levy markct fee, - Board shall not lerry market fee in the market yards or all dellneated market areas of the state. ilD. llarket fee by whom payabre. - (1) Market fee payabre as per this Act shail ordlnarily be realised from the buyer. (2) Ihe Government may, if lt deems lt expedient to do so, through a nodficadoq requlre a market functionary other than the buyer to pay t}e market fee payable under this Act (3) lte mar&et fee payable shalr be paid wrthrn such tlme and rn suqh manner as may be prescribed. 6402 THE ASSAM G AZET"TE, EXTRAORDINARY, JULY 15, 2022 110. llarket commlttee to decide dlffercnces. - Notwithstandtng an;rthing contalned in the Legal Me&olory Act, 2009 rf any difference arises between the inspector or any other officer, empowercd to enforce under the aforesaid Act, and any person lnter€sted, as to the meaning or construction of any rule framed under the aforesaid Acq as to the method of evotvlng ad,usfint or stamping any welght or measure or weighing or measurrng rnstnrment in any delineated market are4 zuch diEerence may, at the request of the person lnterested or by the inspector or the officer of his own accord be referred to the market committee of the area and the decision of the market committee shall, be final and deemed to have been glven under the Legal M€trolog/ Act, 2009. Cantral Act No. lof 20to THEASSAM GAZETTE, EXTRAORDTNAR! IULY ts, 2022 111. Llconrlrg of traderr, - (1) suuect to the prcvisions of this Act and dre rules made In thts behalf, the Director of Agrlcutural Marlcdng may, on an appticadon made by any person tn such fonn as may be prescribed an4 after maldng such inqulries as lt dcemr fli grant or renew s [cense fur opeadirg drot n as a mder tn reraEon to the marlcdng of atriqrltural produe or may, afur recording rt! rcasons In wrrting therebre, refuse to grant or renew any such llcrense. (21 Llcenses nray be granted under sutrsection (1) above, ln suclr form for such period on such terms and condrdons and restrrctions (rncludtng provisron for prohtbrdng comtnrssiotr agents from acllng in any transacdon both as a buyur or a sellcr or on beharf of bot} the buyer and se[er, and arso prbvision for pohlbtdng commtsslon agents from acdng in any transacdon) and on payme nt of fees trot b€lng ln ercess of such maxima, as may be prcscrtbed. (3) The quatlficadons and drsquarificaHons of ficensees, tre crrcumstanc€s in whlc-h llcenses may be refused, suspcnded or cancelled may be as presoibed. (*) A license lssued under sub-setton (1) above shal be valid rn a[ r€gutated markets, special markets, priyate markets, locat markets and electronic marketplaces in the Sate. (5) An applrcadon recerved under sub-sectron (1) above shart be disposed of hy the market commlnee wlthln thlrry da!6 of the r€ceipt of the apptication. 1l1 negbtretlon of othcr ner*ct funcdonar{er I! Earlctr. - (1) subjed to the provtslons of thts Act and ore rules made in thls bchalf and tfie bye-laws, a market @mmlt&c or a privatr market llcensee under thls Act may, on an applicatson made by any per:on ln such form as may be prcscribed an4 after meHng ,uch inqulrles as It deems ftg reglster such person for operating therein as a commission agen! farla, broker, proctssor, welghman, measurer, assayer, warehouseman or any other market funcdonary ln relation to the marketlng of agrlcultural produce or may, after reordlng its ruasons In wrtdng therefure, r€fuse to g?nt or renew any such r€gistrador (2) Reglstradon may be granted under subsection (1), in such brm for such perlod on such termr and condldons and rcstrictions (induding provislon br prchlbltlng commisslon agents from actlng tn any transactlon both as a buyer or a seller or on behalf of both the buyer and sefler, and also provtrton br pohlbtUng commtssion agents from acdng tn any tansacdon) and on payment of fees as may be determlned by the market commjttee or a prlrrste market llcenseg sublect to such maxima as may be prescrlbed, [3) The qualifications and disquatifications subject to whlch market firncdonarles may be rcgistered, the clrcumstances ln whlclr reglstration nay ba rcfused, suspended or cancelled may be as prescribed. (4) An appllcation received under gub-sectlon (1) above shatl be dlsposed of by tle m:dret commltee or a private market licensee withln thirty days of the rccetpt of the applicatioL 6403 6404 TI]EASSAM GAZET"TE, EXTRAORDINARI TULY 15, 2022 (5) If the market cD-tlmttt€c or a prtnat m.rket rtccnsce hlls to dtspose of tte appltcadon withh dte perlod [tendonAl ln rub-secdoo 14 aUova tfe rrgistrafion shall be deemed to have been granted" (6) EVery regrs*ation grantcd or rcnewcd under sub aecdon (l) abovc shan be ser* b the Dt*ctor of furlnrlUrat Marlcedng ln srct riiner o ,o"y U" prescribed and thc Dlrector shar matnatn det"rrs of au regktrations granted or renewed in the State. 1Iil' suspensroa of a ricenso or r:glsrador. - (1) The market commrtree or a prrvate mar*et-llcensee may suspend the tloense or rftsuauon if in te ophtoa ttlr;;ai;public tntcrest that the ricensee or market dncuonaqr condnu& to carry on iti functons. {2) Any order rssued under thts section shafl specrfi tha derineated market area or areas that the licensee or martcet fun*iooary shalt not opaoi",-A" duration ofsuspension and such other deatl as may be prcscflbei. (3) No order of suspensjon shall rcmaln in force for a period exceedlng ftfteen da5a from the date of the order, save in cases where tle Dirictor or Agricurturar Markedng or the market committee or a prtvite martet llcGnsee as the case may bc, ommences proceedlngs onaei ,"Oo" ii+ oi this Act, l1tl f-nelladon of ltcrenrc or reglrEadon. - (11 rhe Dlrector of Agrlcultural Markedng or tte market commlttee or a prlvate mirket ltcensee as th";;;;t b; cancel the lkense or rEdstradon granted -O a rrarlet funcdonar5r lf, - (a) tfte lrcensee or market functionary has obtained dte Ircense or regrstration fraudulently or by misrepresentation of facts; tb) thc llcansee or msrket fiIneionary or aDy penson acting on hls behalf, has vlolated any of trre provrstons of the Act, th; rutes rnadr thereunair or tre byclaws or terrns and condtdons of the llcense; (c) tle Ilcensee or markct funcdona4f rn corcert with othcr ttcensees or other persons, wllfulty commlts any act or abstalns ftom carrying its normat funcdons and rcsponsrbilltt€s in the market yard or dettnea[edina*ei"rei wlth an lntendon of obsuuc6n6 suspendiag or stopptng the markedng oi agricultural produce rn tI€ market yard or de[neaied riarket area anf in consequence whereof_marketing ofany such agrlctltural produce has been ob3tructed, susFnded or stopd; (d) the licensee or market functionarlr has been adJudrcated as an rnsolvent or is an un-discharyed Imolven$ (c) the llensee or market funcdonary rncurs argr disqualiflcation, as may be prcssibed; or (D if thc holder of Ircense or mar*ct funcdonary ro convrcffi of any olfence under the Act and. a p_erlod of one year of the convlcAon has not lapl"a, if *r, cotMcHon t3 fur dre flrst Eme and a pertod of three years has not lapsed for weqr subsequant convlcdon: Provlded that no order cancelling the licens€ shall be made unloss the llcensee has been gven a reasonable oplorurnity of belng heard. (2) Any prooecding under thls section shall be compteted wlttrtn a period of thlrty da1rs ftom ttre date of commenoement therco L THE ASSAM GAZETTE, EXTRAORDINARY, IIJLY 15, 2022 6405 115. Bdrrfrc [euces to cudluc. - lJcensas trarrted b marld funcdonsic! 6 on the dac of commcncement of thb Act shatt. deemed to be gra ted under thlr Aci un6l notifted otterrvise bl thc Satc Government 115. Uerkct frrnctlolerlc8 ouBlde 6e Strt€. - Subrect to such condluons as may be prescribe4 any licensc granted to a market funcdonary by a ltcenslng authorlty outside the Statc shall be valld ln dl rcgutated markets, speclat mar,lcts, pritrate markets, local markets and electronlc m8r*etplaces tn the State, u7. Dtsputr! botwcan m.r*et coDmlttce and other lrarkeB. - (1) Any dtspute betrreen the market committ€e and a privata marke! a local markct, a hrmer - corx mer markEq a dlrcct market licensee or an dectro[lc mark@tae shall be rEferrcd to thc Dlrecror ofAgrlcultural Marlctng: (2) The Dlrector of Agricultural Marketing shall, after giving tle parties a reasonable opportunity of belng heard pass an order resolving the dispute. llt DlryrE rcgadlng r ltecllons h rugElstld ltr.rkcts' - (1) For thc purpose of rcHing dlsputes between pmducens, buyrrs and sellers, or thelr agEnts, including any dispuEs regardtng the quallty or welght of, or payment for ary adcultural prrduc, or any mattEr ln reletion to ttre regulatlon of martedng of agricultural pFodue in a regulated markEt, the market committee shal appolnt a panel of Erbltrators pertodlcally, consistiry Of agrtculturists, traders and commlssion agenB, ard consdtutc a Dlsputes Commlttee from among its memb€rs in such manner as may be prescrlb€d. (2) The procedure for settlement of dlsput€s, the authority or authorities for c.ntrel settllng the disputes and appeals hom the decislons of such authoriri"r, f;"}".payment of fees by psrHes for settl€ment of disputes by an arbltrator or iee5 8rtlErtors and all other matters cunected r,vttlt such s€ttlenetrt lncludlng dre extent E which the provlslon3 oftle Artitradon and Reconclltatlon Ac! 1996, rhall be .ppllcable shall be as prescrtbed. (3) Notudthstanding anything contalned in any law, no sutt or other legal proceedlng shall be entertained by any court in respect of dlsput€s rcferred to ln gub-secdon (1) above, wlthout the previous sanction of the market commItEe. 1t9. R€port by mar&ct foncdonarles, - Every market functionary op€radng tn the dellneated Earket area shall maintain accounts ln such manner and submlt 6 the market commlttec or to the officer specified by the committee ln thls behalf, such perlodical rcports and returns at such 6mes and in such form as may be prescribed. 12Ir. Bclt of fudganent alrsessEent of rar.ket fee. - If a mar*et funcuonary fails to 3ubmit reports and returns under s€ction 119 abov€ or fails to comply with any notlce by the market commlttee, or larowingly furnlshes incompteE or incorrect accounts or lnformadon or h not malntatned propcr accounts of hts buslness, the mad<et commltEe may, wlthout prEiudlce to any other action against such funcdonary, after such lnqutry as lt deems necessary asscss tlle markct fee payable by such marlct funcdonary during the period in question to the best of lts iudgement and direct him to pay such fee together wlth such penalty not exceedlng three Umer the merlct fte so asscssed. 6406 THE ASSAM GAZETTE, EXTRAORDINARI JULY 15, 2022 r,,|- Prodr@D of acrouDt book!, or, by D.rket furcdorarle& - (1) lf any narket funcdonary falb to rend any rcpott or rctum in acordane with the prrvislons of section 119 above, or if the commlttee considers it nec$sary to eEmlne the account books retating to the business of any market funcdonary to satisfy itself about the oorrectrross of any report or rlturn submitt€d by him or for any Other sufficient rcason, the market commlttee may dlrect such functionary to produce befDrc it or before any officer speclfied by lt in thls behalf, the account books and other relevant doanments, for lnspectio& and o explain the contenB thereof. t2) lf any market funcdonary fatls, wttlrcut suflicient cause to comply wlth the dtrccdon of tte merket conrmittee under sub-section (1) above, the martet ommtttee may, wit}out preJudlce o any other action 'g'lnst such ftrnctionary after such inqulry as may be prescrlbe{ direct him to pay such emount as may be prescrtbed by the bye-taws as penalty to the commltEe' ,'l. Porrcr b order producdol of accouat book$ etc', by aly Pellsolr. - (1) The Ixr€ctor of Agricultural Markedng may, for the purPoses of this Act requlre any person carrlng on business in any agrtcutturat produce to produce before hlm aaoounts and other documenB and m fumish any lnformation relaHng to stocks of such agrlorlhrral produoe. or purchases, sales, processlng traltsport and dellvery of sudr agrlcuttural prrduce by such person and also to furnlsh any other lnformation rdadng to payment of martet fte by such person. (z) If such person hils to submlt accounts and other documents and to furnlsh the lnformadon called for, the Dlrector of Agriculhrral Marketing may, without prerudlce to any other action agalnst sudr person, after suctr inquiry as may be necetsary assess the market fee payable by such person durlng ttre period ln quesdon to tlre best of hls ,udtement and dlrcct him to pay such fee rcgether with such Penalty not exceeding tbree dmes the market fte so assessed- ,.:!3. Portcr to ltop vGhlcles - (1) The Dlrector of Agricultural Marladng may, fur the purposes of thlr Act order the drlver or any otfter percon ln clrarge of a vehiclg vessel or other conve5rance to stop &e vehlde, vessel or other convqnnce as the case miry be, and keep it stafionary as long as may reasonably be necesary duly condderlng the perishablllry of producc, to exanlne ttre contenB ln the vehlcle, vtsgcl or other conveyance and inspett all records reladng to the agricultural produoe carr{ed, and give his name and address and tte name and address of the owner of tlre vehlcle, vessel or other conve;rance and the name and address of the owner of the agriorlhrat produce caried in such vehlcle, vessel or other colwerTEl$oe. (2) After such examination, the Dbector of Agriculturd Marketing may. require the person ln charge of a vehtcle, wssel or other conveyance or the owner of the vehlcle, vessel or other conveyance or the owner of the agricultural prcduce carried in such vehlcle, vessel or other oonveJrance to producte such details as under secdon 120 ofdre AcL THE ASSAM GAZETTE, EXTRAORDINARY, JIJLY 15, 2022 6407 U+. eppcah - tl) Ary person agrlantd by an otder of the BccuUve OEccr or thensrH colntntttee or th: DlrcGor of Agrlcultunl liladaedng as the case may be, praftr an appcal ln sudr mannet ar may be prescrlbed to, _ (a) the mar{tet committoe, wherc sucrr order has been passed by tte ExecutiveOmer wlthrn reyen days of recelpt of the order; (b) the Dlrcctor ofAgricultural Mar.kcdng whcre such order has been nassed bv tlle marlct committee wlthtn fhfty dlys of recelet of d; ;;; (c) the state Govemmen! where such order has been passed by the Drrcctor ofAgrlctdtural Marketing wtttin thlrry days of trcelpi of the order: Prolrlded tJrit tn.leckoaing the period within whlch the appeal has to be preferre4 the number.of aays taien to obtatn *nrn.a dfir, of U,"order appealed agalnst shalt b! exctuded, 12) The Appellate /ruthorrty. if h considers necessarr/ b do so, grant a stay ofthe oder-appealed agetnsr_ tuI sucl! pertod ar it iay aecmit fi;;;; Ur; appeal shall be dispored wlthtn nlriety days of ie bing ntea. (3) Any order passed by the Appe ate Authoriv, shall be f,nal and shalr not be called in quesuon in atry Court of Law. CIrIPTBR-XyIIt Penalties xl5' P€dslty lbr vror.don of secdon 97. - whoever contravenes the provisions of secdon 97 of the Act lha bc puntshabre with simple rmprisonment whrch may e*end b slx months or wtth f,ne which may extend to ffve ttousand rupces or wifi both and in.aqe of continuing conEavendoq with fudlrer flne wlrldr may ext€nd to llve hundred rupees per day durrng which the contravenuon is condnued afur the conviction 125. Perdty for opcrad4 a Eat*ct wlthout . ttc.Gllsc, _Whoever operates a pdvate martet, a prrvate farmer - consumer market or an electronic marketptace without a license lssued by the Director of Agrrcurturar Markedng shart on convrction be punlshed witt lmprrsonment for a term which may extend to srx months or with a ffne whlch may extend to ffve thousand rupees or with botlr. ,.,t7. Pcmlty for operadng as mat'l..t funcdonery wrthout a rtcense, - whoever op€r8Elr as a market functionary In reladon to marketing of agrlcurnrral produce wlthout a v?lld liccnse shall, on convrcdon be punishabte with fine which may exend to five thousand rupees and In the case of contrnurng contrav€nEon wlth a further fine whiclr may cxtend to five hundred rupees per day during whidr the confavendon ls contlnued after the convlcdon. 128. Pcnalry for crrdon of msrtnet fte rld o6er amouats - whoever eyades payment of markct fte or any other amount due from hlm under this Act or the rules, or the reguladons or bye.laws, shall, on convlcton be punlshable with ffrc whtch shall be a sum equal to three dmes the amount of fee or other amounts due or ten thousand rupees wtichever is more, and ln the case of a conEnuing evasion with a further fine whlch may extend to five hundred rupees fur ercqr day durtng which the eyasion ls conlhued after the convicuon. t29. Uabntty of accursd to pa,, mrrkct fee or other tmou6ts. -.Any person prosecued fur an ofrence under secdon 126 of the Act shau not be absoked fiim his obllgadon to pay to dle market committae the market fee or other arnount due ftom hlm under drls Act or the rules or th€ regutadons or the bye-taws, t30. Por*ur of the oqglcrrzrE to recorrr mar{<et fee or ottar anourt - whenerer any p€rson ls convicted of an offence under this Act or the rules or the bye-laun madl drereunder, the Magtstrate shall in addition to any fine whidr may be imposed recov-er summarily and pay over to the mar*et comrntEee, or the Board, as thi case may be, the amount of market fee or other amounts due ftom him undei this act or the nrles_ or bye-laws and may, tn his discredo4 also recover summarily and pay over to dre mar*et aommittee or to the Board such amoung if any, as t e -may ni ai the octo of dre prosecutton 13L Genaral provldons for punlshment of ofiences - Whoerrer contrayenes any provislons of thls Act or any rule, or regulatlon or bye-taw made thereunder shalt on convlcdorl lf no other pendty ls provlded for the offencg be punlshable with fine which may extend to five thousand rupecs and tn the case of condnutng clnB?rrcndon with a further fine which may exterrd to five hundred rupees per day durlng wtrlch the oonFavention is condnued after the convlction 132. obstrnclion to lmpleEeDt the Act - whoever obstnrcts any person authorised to Implernent any_ provlsions of tlrts Act_ or any rule, or reguladon or bye-law made thereunder shall on convlcdon be punlshable with simplJ Imprlsonmeht for a term whlch may ortend to six months or with fine not exceedtng rupees ten thousand or wlth both 133. Goopoundlng of ofrenccs. - (1) The market committee may recover fto. *y person who han contravened or ls reasonably suspected to have contravened thl provlsdons of tbls Act or any rule, or reguladon or bye-Law made thereunder. by way of compounding of such ofience - (a) tn case of fallur e to pay any fce or other amount recoverable under tlrls Act, in addldon to tto he or other amount 60 recoverable, a sum of money equal to two and a halftlme tho fee or othcr amount recoverable or with rupees 5000, whlchever ls hiEher: and 6408 THE ASSAM GAZETTE, EXTRAORDINARY, TULY 15, 2022 ln o0rer cases, a sum of money not exceedlng rupees 4()00. On ompoundlng of any oftncc under suFsection (1) above, no proceedlng shall be taken or contlnued against the p€n on conoerned in respect ofsuch an offene, and any proceedtngs in respect of such oftnce that hane alrcady been lnsdtutcd agalnst hlm tn any court, shall be deemed to have been withdrawn. (b) (2) 1lr4- cotltnvcndon by ofnclelc - (1) Any official or member of a market committec or the Board, when regulred to furnts[ lnformation ln rugard to the afrlrs or prcceedtng of the market commltrtee or the Board to the Director of Agrianlture Markeftrg wllfully ncglects or refuses o furnlsh such lnformafion oi wltfutly furntsher false lnfurmarlon, shall on convicdo0 be punishable witlr fine whlc.h may o&nd O rupees En thousand, (2') Any ffne r:covered under sub.section (1J above shall be credlted to the Market Fund or to tlre Assam State Agricultural Mar*edng Development hnd, as thc case may be T}IE ASSAM GAZETTE, EXTRAORDINARY, JULY 15, 2022 6409 135. Cognl'arcc of oIftDcGa - (1) No court shall tale cognlzance of an ofrc[ce under thls dapter, €rcept upon a compl.Int by the Dlrector of Agdcultural Mad<eung or any othcr officer authorlsed by hirn- {2) No ofienc€ under t}rls Ac1 or any rule or retulatson or bye'law made thereunder shall be trled by a court other than that ofa Judldal Magistrate of tlle Flrst Class or a fudlc{al MaBlstrate of the Second Class specially empowercd in this behalf by the Stste GovernmenL (3) Presentatlon under thls Act, or rulg or regulation or bye-law made thereunder may be instlEted by any person duly authorised ln uritinS by the Statc Governmeng the Director ofAgricultural Martedn& the Board or drc market committee in this behalf, CHAPTER - XIX Powrrs of the State GovernBent 15. Supcrs.sslor of a markct commlttee. -(1) If ln the oplnlon of dre Stete GovcrnmenB a market commlttee ls not compeent to perform, or perslstendy makes default In t}!e performance of the dudes lmposed on it by or under thls Act or otherwlse by law, or excceds or abuses itr powers or ls lnvolved in the misapplication of the market commlttee fund, or ls guilty of mlsmanagpment, the State Govemment may, by nodficatlon in the Offictal Gazf,]ttl., supersede the market commlttee; Provlded tJrat no otder of supersession shall be passed unless the market cmmlttee has been gtven a reasonable opportunlty to show cause agalnst such supettession (Z) Any proceeding started under sub-secdon (1) above shall be completed rvlthln slxty days of the commencement thereof, (3) fire superseded market conmittee shall be reconsuEted withln 6ne year from the date ofpubltcation of the noUf,caHon under sub-secdon (1) above. 11t7, Gonscquencas of ruFr:s€rslon of a ner*ct corthnltter. - (1) Upon publicatlon of the nodficadon supcrseding a market commlttee under sectionl36 of the Act, all members of t]le market commlttee, including the Chalrperson and the Vlce Chalrperson of the market commlttee shalt, as ftom the date of publicatlon of the notificadorl be deemed to have vacated thelr offices. (2) Durtng tlre perlod of supercession of the marH commlttee, all powers and duHes conftrred and lmposed on the market committee under thls Act, shall be ererdscd and performed by sudr ofrcer as the State Government may appolnt ln ftat behalf as Admlntstrator. (3) Tte state Goyernment may etend the pedod of supersession for such fufilrer term as may be consldercd necessary but not etrcceding a period of one Srear in tlre agpegate, 1!E. PoecF b tlrt dtrecdoEs, - [1) The State Govemm€nt may Stve directlons to the Dt?dor of Agrtoltural Markedn& tte Board or to all market committees [n general or to aDy martaGt commlttce tn pardcular. (2) The Dlrcstor of Agricultural Marketln& Board or tte market commitEes shall omply wlth the directlons so lssued by the State Government under sub-recdon (1) above 6410 THE ASSAM GAZETTE, EXTRAORDINARY IULY 15, 2022 1j'9. Fowcr to cell hr neGotds ard c.rccl pnoceedtngs. - (1) The state Government may at any dme call for and examrne the proceedings of the Board or any market cornmlttee for the purpose of satisfrtng itsetf, as to the legallty or proprtety of any declslon takcn or orders passed by the Board or the market commlttee. (Z) If ln t}le optnion of the State Governmenq, any declston or order or proceedings so called for shoutd be modifle4 annulled or revised. the state Government may pass such orders thereon as it may thlnk fiE Provlded that no such order shalt be passed unless the Board or the market committee has been given a rrasonable opportunity b show cause against such prcposed modlficadon, annulment or nevision: Provided further that the Board or the market commtttee sha not act upon such declsion or order or proceedlngs that ls proposed to be modlfied, annulled or revlsed from the tlme rjrat it has been asked to show cause till an order is passed by the StaE Government under thls section 1lo. Dcle,dol of powcrr. - The state Government may deletate by noEficadon rn the oftclal Gazette any of the powers conferred on it by or under thls Act, to any of its offccrs or to the Board or to its chairperson or the chlef B<ecu6ve officer of the Board. 14L Acq-l<1661 of lald for tbc purposes of tbls Act -when any land is requtred for dre purposes of this Act and t}e Board or a market committee is unable to acquire it by agreemen! the State Government may, at dle rcquest of 6e Board or tbe marlet commltEe, as tlre '.ase may be, proceed to acgutre such Iand under the provisions of the Land Acqutsition, Reh.btlttadon and Resettlement Acq 2013 aDd on the payment fiH, of the compensadon awarded under that Act by tlre Board or the market committee ot&a and ofany other dlarEe3 incuned by the state Government ln oonnoction with the acquislfio[ the land shall vcst ln the Board or the market committee, as Ste case may be. lrt:L Po$rr to anrnd cctedule. -(1) The state Government may, by notiflcation, declarr Its lntendon of addlng to or amendirg or delcting any of the items of agrrcuttural pruduce specified ln the Schedule, as may be specified ln rhe notlficatton. The notificadon under thls section shall also be pubtished in the manner as may be prcscrlbed, (Z) The noHflcadon under sub-sectlon (t) above shatt sate that any objecdons or suggestions rcceived by the State Gov€rnnent wlthin such period as may be specified ln the nodffcatio& not beirg less than forty-five days, shall be consldercd by the State GovernmenL After the otpiry ofthe period speclfied in the notlffcatjon Issued under sub- secdon (0 above, and after consldering such objections and suggestions as may be recelved before such expiry and after making such lnqulry as may be necessary, the state Government may, by another nodfication, add to or anend or delete any of the items of agricultural produce specified in the Schedule. The notlffcation issued under this section shall also be published in such manner as may be prescribed. (31 TI{E ASSAM G AZETTE, EXTRAORDINARY JI.JJ.;Y I 5, 2022 6411. 113. Rrgulaflol of l[trt.l3t to tradtry - (1) Save as othetwlso prdded ln thrs Ac! there shall be a nauon.wlde slngle llcense for lnter-state trade b be granEd/ renewed by the lllrecbr or by the Officer authorized by him in such manner and ln form. as may be prescribed to operate on e.platform, as fader in any of the principal market 1ards, submarket lrards, private markets yards or at any .place, ldentiffed for the purPose, ln the country. (2) The Governrne,t shdl, for inerutatc rade license, use unique code for issue of such llcense, as may be prescrlbed. (3) The lnt€r'stale badc licensc holder shall be ltable to pay the market fee and other marketing dlarges at the rate apptlcable ln the State, in the manner as may be pescdbed. (/t) Thr lntcr'state rade llcense hotder sha[ deposlt a mlnrmum of flve p€rcent of the value of the lot/lvestock to be transacted onlne wtth the bld, as aisessed or esdmated as may be prcscribed. (a) the manner of publlcztlon of notificadon under sections 3, 4 and 140 of the Acc (bl the land and other lnfrastructure rcquir€menB for declaring principal mar*et lrards and sub-market yards by market commlttees, priyate markeB, f;ermer - consumer markets and etectronlc markeqplaces; tlte aut}torlty whlch shall conduct elecdons, the division of the dellneated market area into consdtuencies, the preparation, malntenance and revision of the llst of voters, qualificaEons and dlsquallffcadons for belng chosen as or for belng a member, tte rlght to vote, qualtficadons and dlsquatiflcattons of voters, the elecdon or nomlnation of members to th€ market committee, the payment of deposis and their forfelture, the manner of holdlng electiong the drawlng up of the election schedute, tfie ffxlng of po[ing stations, the appoinhnent of trturnlng ofEcers, presldlng officers and polllng oficers, elecdon ofrences, the determination of election disputes and atl matters andllary to electlons; (c) td) the election of Chalrperson and Vtce Chalrperson of the market committee and consdtudon of the market committee; (e) tlre f,lllng up of vacancies in the mart€t commlttee; (0 the powcrs and duues of the Chairpercon and the Vtce Chailpercon of the market oontnittee; limiB of honorarium to Chalrpcrson and VIce Chairperson, travelling allowances to members and sltdng fees payabte to members for attending meetlngs of the market .tmnilttee; G) l*L Powcr to D.t rolec. - (1) The State Government may, by nodficadon and after prevtous publication, make rules fur carrying into effect the purposes of thls Act (2) ln partianlar, end without preludtce to the genenlity of the furegoing provtsloq such rules may provlde for, - 6412 THE ASSAM G AZ}.T'TE, EXTRAORDINARY JTJLY 1 5, 2022 tb) nemorra! of the Chatt?erson or tho Vlce Chalrperson or a rylember of a market @mmlttee; tl) oonduct of meedngs end othcr buslness of the market commlttee; o classlficadon of market commrttees on tte basis of annual ircrome, turnoyer etc., for all or any of tlre purposes of this AcB (k) the management of the market yard and alt matters related to marketing of agricultural produce, the procedure for recovery of market fee and other amounts due to the market commt@e and manner fur assessment of market Ees in default of furnlshing return; 0) the klnd and descrlptlon of weighs and measures and t$e wetghlng and measuring instruments whlch shalt be used In the fansactions ln the agrlcultural produce tn a markct yard; (n) the pedodtcal lnspectlon ofall weithts and measures and the weigldng and mea rfuE Insfuments in use ln a market yard; (n) procedure for the settlement of any dispute between a buyer and seller of agrlcultural produce or thelr agents including dlspute! resadlnt the qualtty or weight of the produce, payment ln respect of the sale value ofgoods sold and the allowancg for wrapplng, containers, dlrt or lmpurlties or deducdons for any cause by mediadon, arbitraEon or otherwise; (o) the provlslon of accommodation for storlng any agricuttural produce brought into the markeq o) (q) [r) quallty testing gradlng and standardization of agrlculnrral produce; the keeplng of records ofarrlvals and prlces of agricultural produce; the manner In which auctions ofagrlcultural produce shall be conducted and blds made and accepted ,n a mar.lcq the manner in whtch agricultural produce shatl be trEnsported from tle dellneated market area; classlfication of market funcdonaries for grant of llcenses, reguladon of licenses under thls Act, the persons requlred tO take out a license, the forms in whidr and terms and conditions subiect to which such llcenses shal be lssued or renewed; the fotm ln which account of purrhases and pmcessing of a$iculturat produce are to be malntatned; the dme during which and the manner ln which a trader or commlsslon agent shell furnlsh suclr returns to a market committee as may be r€quired bv tt the regulaflon ofadrance, if any gtven to the producer by commisslon agents or traders or other persons; tr) G) (u) (v) (w) THE ASSAM GAZETTE, EXTRAORDINARX JI-IILY 15, 2022 ut3 (x) (v) (z) the recovery and dlsposal offees levlable by or under this Acq . lmposing of penaldes by the market committee; compoundlng of offences and fixing compenradon thereof under thls Act or rules or bye-larvs made thereunder; (aa) (bb) mode of servlce ofnotlce under this Act recruitsnenb qualificatlon, appolntmenq promodon, scale of pay, Ieave, Ieave allowance, actlng allowance, loans, penslon, gratuity, annulty, punishment, appeals and otler s€rvice conditions of Executlve Officer and other staff of mrtet committeesi (cc) the provlslons for the persons by whlch and the forms ln whlch copies of docrments and enHes ln the books of the market commlttee may be cerrdfied and the charge to be levied for the supply ofsuch copt6; (dd) the prcparaUon ofplans and esdmates for works proposed to be undertaken panly or wholly at tle expense of the martet committee, and lhe grant or sancdon to such plans and esumates; (ee) dre prcparadon and submlsslon for sancdon of the annual, revlsed or supplementary budget and approval by the Board and the report and returns to be furnished by a market committee; (tr) adminlstrauon of tte Market Fund and the manner of investsnent of surplus in tlre fund; Ed lery of marlet fee and othcr amounts due E the marlet ommlsee or the Board; oh) (|D conElbution to be mede to the Board; the.manner ln whlch any payment from the Market Fund shalt be madg its accounts shall be kept and matters incidental theretoi the manner tn wtlch the accounts of the market commlttee or the Board shall be matntalned, audited or re-audited and publlcatlon of such audit and the lnspecdon of audlt memoranda of tte accounts and supply of such memoranda and preparation ofannual repor! (l*) the manner in which appointments to the Board shalt be made, quatifications of percons who may be appointed as memberc of the Board aud rtlated matters; (u) (mm) conduct of meettngs and other business ofthe Board; recnrlErrcnt gualificatio& appolntr[cnt, promotloq scale of pay, tearre, leave dlowance, acling allowancq loans. pension, Cratulty, annulty, punlshmenq appeals and otler servlce conditions of the Chief Executlve officer and other stafiof the Board; 0,) 6414 THEASSAM GAZETTE, EXTRAORDINARY JULY 15, 2022 (nn) manner of coruBtrtdotr of sEte Agrrodturer MartreEn8 servrces ard aI matErs lnddental thercto; (oo) (pp) exerdse of sup€Msion and conhol of the Board over mar{<et committees; the preparadon and submtsslon for rancton of thc annual, rrvlsed or supplementary budget ofthe Board and approval by dre State Govonrmenti grandng of a llcense to market funcdonaries, prlvat€ markets, prirate farmer - @nsumer markcts and clectronlc markeplacer and alt matters related thereto; prccedura for hamlng of byelaws, thelr amendmentt or calroeltadoD and for their prevlous and final publicadon; all matem mqulred to be presaibed by rules under thb AcB (qq) (ss) (tt) (rr) (3) any other matt r for whlch tlere is no provision tn thts Act and for which pmvlslon is, in the opialon of the State Government, necessary for gMng effect to the purpo6es of thts Act BVery rule made under thls section shall be lald as soon as may be after lt is made, hfore thc Assam L€tislative Assembly while lt ts in sesslon for a toal perlod of fourtcen days whlcb may be comprised in one s€sslon or in two succcsslve sesslons and lf, before fie ocpt of the sessioll in which lt is so laid or tie sesslon immediately following the Assam legisladve Assembly r8rce ln maHng any modificaHon in. the rule or the Assam Legstative Assembly agree that tlte rule shoutd not be made, the rute shatt thereafter have eftct only in such modifled form or be of no effect, as &e case may be; so however, that any such modifica$on or amendment shall be without prlrudke to the lldity ofan,4tring atready done under that rule. 145. Po*cr to Eeb t''E't rs - (1) subfect to the pmr.rsro,'s of thrr Act and the rules made ther: under, a market commlttee may, after prevlous publicatlon tn the prcscrlbed menner, ln the respect of a marketing area under its managEment make bye'laws fur the rquletlon of the mar*edng of agrtculurral produce ln thc deltneated market area Erery bye-lawe made under tfirs section shall be publlshed rn the prescrtbod manner. @ ln pardcular, ard without pr€iudicr to tbe geaeraltty of the forcgoing provlsioq such bye-laws mey provlde for, - (a) the reguladon of business of the market committ€e and ib sub-committees; (bl the asri8nment of powers, functions and duties to tlrc Execufive Officer, oficcrs and servants of the marhet commltteei (c) trrvelttug allowances and dally allovrances that may be paid to the members of the market committee; (O the procedure for granttng rcnewlng refuslng suspending or canc€lling of llcenses under thls Ast and the circumstances in whlclr any suspension or cancelladon of a lloense maybe annulted by the market committee; THE ASSAM GAZETTE, EXTRAORDINARY, TIJLY 15, 2022 6415 (0 (e) 0) (m) (n) (o) (pl (ql tr) the form of appllcatlon fur llcense, the quallfications and disquall8cations for securtng the renewal of the dtftr€nt ldnds of llcenses tJre prrocedure for the tnquiry about and verifylng the corrrct ess of t]te statements made tn the appllcations for Ilcenses; the fildng of the peEentage of the security amount to be deposited or the amount of bank guaralte to be fumlshed by commission aFnts and by diftrent catetories of tr"ders; the condidons br oper:adng in any capactu as a market funcdonary within the dellneated market area; the contrd and regulation of the deallngs between sellers and buyers; the enforcement of the welghment of nod0ed agrloilturat produce in due time; the eabrcement of lssue of imrnediate recelpt to the producer in respect of the produce entrusted by the produc€r to t}e commisslon agent for sale; the prevendon of adulteration ofagricultural produce; the taking ofdelivery ofgoods soon after tle agreement ofsal€ is eftcted; the pErment of sale value of the agriculhrral produce sold by the buyer to the seller at the Ume of taking dellvery of goods in all cases of direct purchases made hom the producer without ttre a$igtance of a commlssion a8ellq thc asslstance b be rendered to a producer by way of preparing tnvoic€s and bills when he sells hls goods directly to a buyer without tbe asslstance of a commlssion agenq tbe fi:tlng of the maximum period of credit permisslble to the buyer ftom the commlsslon agent from the date of the agreement ofsale; tte enforcement of prompt payment by the comlnisslon agent to his prlnclpal soon after dellvery of the goods is glven O the buyer; tte procedure to be adoped where any llcensed trader or commlssion a5ent suspends payment or becomes lnsolvent or is otherwise unable or refirses or neglectr to dlsdErge hls llabilides and obllgatlons in nelatlon to ffinsactions In the derlneated market area and the righ6 dudes and liabiliti€s of such Eader or commlssion a8ent and those with whom he had such transacdons and tltc manner ln whtch and terms upon whldl they are to be dosed or passed on; G) (h) (0 0) tk) (sl the llcense fees payable ln rcsp€ct of llcenses issued to ditrersnt classes of mat*et furctionaris; tle enfurcement of payment of sale value of goods by the buyer o the commisslon agent as and when it falls due ln accordarrce with th6 tcrms of credit whcr€ the commlssion agent has allowed credit before the expiry of the maximum term of credit permissible under the bye-laws; 6416 THEASSAM GAZETTE, EXTRAORDINARY, IULY 15, 2022 (v) (t) (u) (aa) lz) bookr and documerB to be kept and mainalned by market funcdonaries; the enforcement of submlsslon of returns, reports and statemenB from mar*et functionarig to the Elad(et @mmlttee; the books, regtsters and documents to be kept and malntaine4 and the compiladon of staEments to be prepared ftom the returns received from the market fu nctlonaries; the enforcement of the productlon of the account books and any other books, ffles or documents of the market funcdonaries for inspedlon; dre cirrumstances in whicl a warning may be $ven or a penalty may be imposed by the market clmmlttee on market functjonades or other petSons for breactr of bye-laws and the prccedure to be followed for the purpose; the regulatron of the admission of the market functionaries ln to the market Srard and control over the behaviour ofsuch funcBonaries; the openlng and closing of marketing of agricultural produce in the market yard; any other matter tn respect of whlch bye'laws are requiled to be or may be made under this rlct No bye-laws made under sub-s€ction (1) shall talce efrect until it has been conffmted by the Board. T}e Board shall, after it hat approved any amendment to ttre bye-laffi of the market committee, lssue to the market committ€e a copy of tjle amendment certlfied by lt whlch shall be conciusive evldencc that lt has been duly approved (w) (x) tz) 1{5, Power to remove dlfficuldea lf any difrlculty arlses in giving effect to t}e provtslons of thts Act the state Government man by order, do anytJdng not lnconslstent wlth the Ac for the purpose of removlng such dlfficulty. CHAPTER-XX Irlrector of A8riqltural Mar*etsng 147. Dfuecbr of Agricultunl Mart drE - ThE state Governmert shall appoint an omcer as the Dlrector of Agricultural Markeffng for the promotlon, development and regutadon ofagricu.ltural markes establlshed ln the State under this Act' 118. Powerc and frrncdoor of Ore Director of Agrlcuhrral Dlartsdng - (f) Subiect to the provisiors of thls Act and the rules made ttereunder, tle Dlrector of Agricultural Martedng shall perfurm the funcdons as speclfically provided under this Act and tlte ruIes made tterannder. The state Government rnay delepe any or all the powers vested ln it under thls Act and rules framed thertunder to the Dlrector of Agrictrltural Markoting @ In pardcular, and without preiudice to the generallty of the foregoing pmvl$oo the functions of the Director of Agricultural Marke$ng shall lnclude - (v) ts) 64t'7 (a) supewls{on and reguladon of market Ftds ertabllthqd by med(st oommltte€g local mar'l(ets, prlvet€ marlcB, farmer - oonsumer mar*ec, direct marledng centres end electronic markeqlacer fur dre eftcdrc implementafion of thls Act and tte rulcs and bye'laws m8de tlef,eundet taking steps tr quaity tesury of agtcultural produce, gradlng and standardisadon of agrlcultural prcduce; supervise the working of market comrdtteg ln the state. prlvate markets, hrmer - consumer markets, collectlon cntres and Glectronic marketPlac6, tnspect or cause to be lnspected thelr offices and accounts; kun& prosecutson .saln.t malket com$ltteci, market funcdomtles and other persons br the vloladon of thls Act and the rutcs and byelaws made thercundcr; and sudr othcr action nccessary to rctulate agriculhral marktdng ln tte St te and b cnfore provislons of this Act as dlrected by the State Government from dmc b unrs (b) (c) ll9. ftlrll'hlng of lnfometton - (1) fhe Board, market commlttees ln tho State and local markeB sbatt furnish such lnfonnadon a3 nqy b€ called for by the Direclor of Agriculturd Markedng (2) The Director of Agrtcultural Mart<edng shatl prus(I{be p€rlodlc r€hrns d|.t shaltbesubminedbymsrketcommlBeesandothersandsuchpcrsonsshall comply wlth the dlrccdons so lssued. 15& PowDr to lDaDGcr - The Directr of AErtcultural Markedng or any off,cer author{sed by hlo shall turrc the power to tmpect or ca$ed to be lnsPecte4 the aocounB of mar*lt commtttre+ tOCal markeq privBtr mel(ett hrmcn - cottltumcr mar*cts, dlrect market ltccnse es, clecrenlc markcolaces and other or to lnrdtuts an enqulry tnto the afhlrc of sudr insdEdons and to requlre them to do an)nbtng or to aesi"t fom dolng anyrilng whlch the DlEctor of Aglculoral Markedng or sudt offier conslders neoessary in pubtlc inter.st and furnlsh e reply in wrtting to htm wlthln a reasonabl€ dme sratlng lts reasons for non-Gomplliance. if any' 15L Potrr E edortc rnaodaaoc, - Tte lxrector of Agrtcuth[al Markedng or an oftcer euaortsed by hln b lnvesdgate the affalrs of the Board, markat ommittees, Iocal markEE, prtvatr mar.kets, hrmcr - Gonsumer D.r*€ts dtr€ct nark€t liensees, electronlc marketplaces and others under s€ction 149 of tte Act shall have powers o summon and enfurcc tte attendance of their oficers or membeE, to compel them to give evtdence and to produce documents by the same means and as far 35 p6'55i!19 i1 cg ,dea the same manner at ls provlded by the Code of CMI Procedure, 190& ,s! 152. Porsrrr ttr atr energGncy. - (1) tn case of an emersency, the Dllector of Agriculural Martcdng may arspend or cencel atl or any license tssued under the provlsions of 6ls 46 end tab atch odrer stcps ar rray be decned necessary in publlc interesg PtDvided that no such order shall be made wlthout dvlng reasons therebr: Pr.ovldedfurtherthatanysrrchordcrmadeshatlnotreEalnlncffectfora period exceediog one montJr, unless confirmed by the State Go\ErnmenL (d) (e) THEASSAM GAZETTE, EXTRAORDINARY JULY 15, 2022 TIIEASSAM GAZETTE, EXTRAORDINARY, TI'JIY 15, 2022 Wtlrln a day of maHng an order under sub-scctlon (1) aDove, the Dircctor of Agriarlnral Mar*etlng shall submlt a copy of the order aking wlth the neasors for making such an order to the SEte GovemmenL Any person affected by the order of the Dlrector of Agrlcultural Markaing may nake a ttpng entadon to the State Gover[ment wlthln swen days of rcceiving the order. The State Government shall consider the rEport of the Dlrector of Agdculh.lral Marhting and the nepnesentadon recetved under sub-section (3) above and may elther conflrm or modiff the order of the Dlrector of Agriculturd Markedng for such p€rlod as tt may deem it necessary, 153. Poryer to lsrue dlrecdole - (1) The Dlrector of Agrlarltural Marketing may, if in hlr opinion any market committee, local market, private markeE farmer - consumer market, dlrect marltet llocnsees or an electronlc marketplace ls not comp€tent to perfrrm, or peFistendy makes default ln the performance of the dutles imposed on It by or under thls Acg or otherwlse by law, or exceeds or abuses lts pour€rs - (a) in case ofa market commlttee advtse tle Board to make such arrangements for performlng tlre duties and functions of such market commltt€ei tb) ln casc of a local mar}€$ advlse tte l,o.al Aut}torlSr on the measut?s to be tatm; (c) in other cases, advlse the board of dtrectors or tie management on the measures to be taken. The Board. thc Local Authority or the board of directors or the managemmt as tho c.se m4t be, shdl for$wlth compty wtth the dlrecdons so lssued. $d. nccm,lry of anounE' drrc. - (1) Evry sum due o a market committee, the Board, arry Local Authority or the State Gov€mment under drls Act, shall be recoverable as an arrear of lsnd revenue. {2) Any sum due from any person shall be reduced to the form of a demand cerdffcate ln such from as may be prescrlbed and after affixing of the signaurc of tte Chief Bxecuttve Officer of the Boar4 shall be recovered as an arrrvar of land rcvenue on such certificate betng forwatded b the Certlficate Officer conccnred, 155. Rccoery of loss - (1) Any loss suffered by a market commlttee duo to lts failure to compty wlth the dlrccdons of the Director of Agricultural Markedng or the Board shall be recoverable frim tie members of the mar*et commlttee: Provlded that no order of recsvery shdl be made unless the memben of the mai'tet ommitteo hane been given a reasonable opportunlE of betrg hear{ (2) Any amount recoverable from the members of a market committee under tbls secton shall be realised as an arrear ofland revenue, (2) (3) (1) (2) 6418 THEASSAM GAZETTE, EXTRAORDTNARY JULY 15, 2022 6419 155, ForEr to 8lrend bye-hws. - (1) Noh,vtthstandlng anythlng contained |I1 thts Act or the rules and bye-laws made ttereunder, lf the Dlrector of Agrfcultural Marketlng conslders that an amendmenq alterauon, resctsslon or adoptlon of a new bye.law ls near$ary or d*irsble in public Inter€st, he may accodingly dlrcct the same in wrldng to dre market comrnltteq privaGe market, farmer - consumer market or an electronic marketplace as the case may bq requlrlng lt to make such amendmen! alterauon, rcscission or adopdon ofa byeJaw within such time as may be spectfied ln such order, (2) If the market committee, priEte market, farmer - consumer market or an eledrcnic marketplace falts to mel(e any such amendment, alberaflon, rescisslon or adopuon of the bye.law withln the Hme as specified by the Dlrcctor ofAgdarltural Martedng tn hls order under sub-section (1) above the Director of A$icultural Marketing may after glylng such market @Dmlttee. private market, farmer - consumer mar*et or an electronlc mad(etplacc an opportunlty of belnt heard as to why such amendmenq alteradon, r'esclsslon or adoptson should not be made, register such amendment, alteradorl resclsslon or adoptlon of by+taw and lssue a certified copy thereof to such market commltte€, pdvate marke! farmer - consum€r market or an electronic marketplace. (s] The market clmmittee, privirte markeg farmer - consumer market or an electronic marketplac€ may, within one month ft|om the datB of lssue of an order made under sub-sertion (2) above appeal agalnst such order to the State Gsvernment (4) Where an appeal ls presented withln one month from the date ofthe issue of an order under sub-section (2) above reglstering an amendment, such amendment shall not come lnto furce dll the order is confirmed by the State Govemment (sl A certified copy of the amendment of the byelaw registered by the Dlrector of Agrlcultural Marketsng under sub-,section (2) above shall, subrect to the result of an appeal, lf any under sub-secdon (3) above be concluslve evldence that lt has heen duly rcgistered and such amendment, alteration. ttsdsslon or adoption of the bye-law shall bc deemed to have been made by the market committee, privat€ market farmer - @nsumer market or an electronlc marketplace. Miscelleneous 157. Chsir?er3on, Vice Gha&pensoa, mcmbers, ofilcer* and stafi of dre Board atrd ntat'tet coE[rlt&ca to be public aerrants. - The Chalrperso& Vice Cheirper:son, memb€rs, Chlef Execuuve Officer of the Board, B(ecutive Officer and otler omcers and stafi of the Board or a market committee shall deemed to be public servants withiu dre meanlng of section 21 of the Indlan Penal Code, 1860 and the Prcvention of Coruption Act 1942 for the tiEte being in force. c!.ltrll Lt Ito.45 o, !860 Clnar.l lc Itq 2 0t ,:47 CHAPTER-SI 6420 THEASSAM GAZETTE, EXTRAORDINARY, JIJLY 15, 2022 15t Brr of rulS or oth€r Lgrl proce€dfqt - No sutt prosecution or le8al proceediqs in respect of anythlng done In good hlth or intended to b€ done und€r this Act or rule or bye-laws made thereunder, shall lle agalnst the Dir€ctor ofAgrtcultuial Markeung or an officer ofthe Sta@ Government or against the Board or any market commlttee or agalnst arqr ofEcer or s€want of the Board or any market committee or atainst any penron actlng under and ln accordancc wlth the directions of rtre Director of Agrlcultural Marketin& such officer, or such committee. 159. B8r of sult ln abecnce of notlce. - (1) Notwithstanding anyttrlng contained in any Eecdon of any Acq no suit shall be instituted agalnst the Dlrector of Agricultural Markedng or an officer of tlle State Government or against the Board or any market commlttee or atalnst any officer or servant of the Board or any market commltteR or aSalnst any person acting under and in accordanre wlth the directions of the Direcbr of Agricultural Markedng such omcer, or Board or sudr committee for anythlng done or purported to be done in good fatth, undl the a.plradon of two months next after a nodc! ln wridn& staung the cause of actiorl the name and place of abodc of the lntendlng platntifr and the rrlief which he claims has been deliverrd or left at lts omoe and in the case of such membet officer, seffant or peFon ,xr aforrsald, ddlvercd to him or left at hls officc or usual place ofabode, and the plaint shdl conain a sat€ment that suct nottce has been so dellvered or left: Provtdcd that nothlng ln thls secdon shall be appllcable to any sult or other legal proceading by the State Goyernment, the Dtr€ctor ofAgriculurrat Markedng the Board or the market coEmlttec agalmt any member, officer, sbrvant or other pefion. (2) Evety such suit sllall be dismissed unless'lt is lnsututed within six months ftom the date of the alleged cause of actlon 15lt Etrcry Lc.t Authorltyto asslst - (1) lt shall be the duty of every Local Authority ro $ve all necessary lnformadon in i6 pos:t€ssion or under the control of its officers to the mar'ket oommittee or tlte officcrs authorised in drat behalf, relating to the moyEment ofagrlculEral produce into and out of tlte area of dte Local Authority. @ No drarges shall be payable to the local Authority for providlng zuch lnformadon b the market commlttee, 161. AdurbJbulty ol copy of enury rc evldcnce. - (1) A copy of any entry in any booh reglsEr or llst r€gularly kept in course of bustness ln the possession of t}e market oommittee shall, if duly certified, ln such manner as may be prescribed, be admlsslble h evldence of the existence of sudr cntry and shall be admitted as evldenct ofthe matter and the EansacEon therein recorded in every case, where and to the same G'cent H, wtrtch the orlglnal entry would if produced have been admissible to prove sudl matt€r. ln the case of such market committe€ as the State Government may, by a general or special order direct no officer of a market commlttee shall, ln any legal prcctedings to which the market commlttce is nd a pafty', b€ compelled to produce any of lts books, the contents of whlch can b€ prcved under sub-scctlon (1) or to appear as a wiEless to prove the matters, Eansilctions and accounts therein recorded, unless otlerwise ordered by the Court in that behalf. (2) TTIE ASSAM GAZETTE, EXTRAORDINARY, IULY 15, 2022 6421 oIAPTf,f,,.Irl nepe.lradEvlltt ffiL ncpoot - (1) The Alsan Strb AglculEral produce Mar*et Act 1922 Is hereby re,,rcr rcpalqt amd (z) Notwithstandlng srctr repeal, - ,,t,' (a) (b) (c) (a) o) (3) the repeal shall not affect the pr€vious operauon of anJ, €nactment so repealed, and anytlrlng done or action uken (lncluding any appolntmcng delegadon or declaration made, notification, order, rule, dlrection or notice lssued, bye-law ftamed or delineated market arcas, markets, market yards dedared Btabllshed or troUfied, licenses granted, fees levied and colected, Instruments €*ecred, any fund establlshed or consdtut€d) by or under the provislons ofany such enactment shall, in so far as lt ls not tnconslstent wlth tlte provislons of thls Act be deemed to have been done or taken under tle correspondlng provlslons of this Act and shalt contlnue ln forte unless and undl superceded b5r anythlng done or ary acdon taken under this Act unless the State Govemment dlrects otherwisg all market committee3 consutut€d, the Chairperson, Vice Chairperson and memberc thereof shall coudnue until the expiry ofthcir term under the repeated Act or titl a market committee is constituted ln accordance with the prsvlslons of this Acq, whichever ls earlier. unless the Stat€ GoverDmGnt dlrrcts othenuise" the Board consuoted, the Chaltpercon and members appoinM shdl condnue until the expiry of their term under the repealed Act or till the Board ls consdtuted In accordance wlth the provlslons ofthts Acq whlchever ls carller. The Government may, by notlflcadoq make such provlslons as appeaB to lt to bc necessary or expedlent - fur making omlsslon ftom, addifion m and adaptadons and modification to the rutes, notlftcations and orders issucd under the repeated enaameng and fur specifytng the authority, ofrccr or pctsou who shalt be competent to crercise such functions exerdsabte under any of the repealed enactrnent or any nrles, noEllcafrons and order tssued thereunder as may be mendoned ln the sald nodfication t4) On lssue of a dlrrctlon under sub.secdon (2), the provislons of thls section shall apply as from the date speclfred In the dlrection as lf the market committee stood dissolved on that date. 151 SavtrF - Nothing oontalned In the Assam Panchayat Acq 1994 or in any other law for the dme betng ln brce rclatlng to the establlshment malntenance or regutatton of market shall apply to any deltnaEd market area or arett in any way the powers of a market commlttee or the rights of a holder of a llcense tranted under t}tls Act 16d Rapeal and Savtngr. - (1) The Assam Agricultural Produce and Livestock Marlcdng fkomodon and Facllltadon) Odlnance, 2020 ls hereby rcpe.aled. E! Notwlthstandlng such repeal, anything done or any acfion taken under the Ordlnanae co tEpealed shall be deemed to have been done or talcn under ths oorrespondlng provisions of this Act iao. lnlr. t:na Atgm OrdtraG vd rc20 6422 THE ASSAM CAZETTE, EXTRAORDINARY, JI.]LY 15, 2022 SCHEDULE I See Section 2 (1} | a- Cercals: -- i. Paddy ii. Rice iii. Wheat and wheat flour fAtta and Maida) iv. Maize b. Pulses: -i. Black gram ii. Green gram iii. Arahar (Tur) iv. Peas v. Gram vi. Lentil c. Oll and Oil seed: -- i. Sesame [Til) ii. Mustard and Rapeseed iii. Coconut iv, Vanaspati product v. Edible oil d. Flbre and other C:sh Crops: - i. fute and Mesta (baled and unbaled). ii. Cotton (ginned and un-ginned). e. Sugar Products; - i. Gur (Molasses) f, Condlments and Spices: -- i. Areca nut (Dry and Green) ii. Betel leaf iii. Cashew nuts g Arimrl Husbandry products: -i. Eggs ii. Cockand Hen iii. Cattle iv. Goat v. Milk and Milk products (Ghee, Butter) h. Flsh (excluding canned fish) GEETANJALI DAS SAIKIA" Secretary to the Government of Assam, Legislative Departrnent, Dispur, Guwahati-6. Guwa.hati : Printed and Published by thc Direcor, Dilectorate of Printing & Stationery, Assam, Guwahati-2l Extraordinary Gazette No. 1045 - 100 + l0 - 15 -07 - 2022. (visit at- dpns.assam'gov'in)