Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020 (Act No. 9 of 2020)

Bare Act · 2020

Act number: 9 of 2020
Enacted: 29 May 2020
Contents: 139 sections

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Section 1 – Short title, extent and commencement
Section 2 – Definitions
Section 3 – Notification of intention of regulating marketing of specified agricultural produce and livestock
Section 4 – Declaration of whole State as one unified market area
Section 5 – Notification of delineated market area
Section 6 – Alteration or Amalgamation of delineated market area and of items of agricultural produce and livestock (preview)
Section 7 – Principal market yard, sub‐market yard, market sub‐yard, private market yard, private market sub‐ yard, farmer‐consumer market yard, private farmer‐consumer market and electronic trading platform (preview)
Section 8 – Establishment and notification of “Special Commodity Market Yard” (preview)
Section 9 – Establishment and notification of “Market Yard of National Importance (MNI)” (preview)
Section 10 – Establishment of private market yard (preview)
Section 11 – Establishment of farmer‐consumer market yard (direct sale of agricultural produce by farmer to consumer in retail) (preview)
Section 12 – Declaring warehouse/silos/cold storage or other such structure or place as market sub‐yard (preview)
Section 13 – Direct marketing (wholesale direct purchase from farmers outside the market yard, sub‐ market yard, private market yard) (preview)
Section 14 – Establishment of Market Committee and its incorporation (preview)
Section 15 – Vesting of property of Local Authority in Market Committee (preview)
Section 16 – Acquisition of land for Market Committee and/or Board (preview)
Section 17 – Constitution of the first Market Committee (preview)
Section 18 – Constitution of the second and subsequent Market Committee (preview)
Section 19 – Division of delineated market area for constituencies and reservation of seat (preview)
Section 20 – Qualification to vote and be the representative of agriculturist (preview)
Section 21 – Provision for election (preview)
Section 22 – Superintendence, direction and control of elections (preview)
Section 23 – Election of Chairman (preview)
Section 24 – Term of the office of Chairman and Members (preview)
Section 25 – Commencement of terms of office of Chairman and Members (preview)
Section 26 – Resignation of Members (preview)
Section 27 – Resignation by Chairman and vacancy in his office (preview)
Section 28 – No confidence motion against Chairman (preview)
Section 29 – Leave of absence to Chairman and consequences of absence without leave (preview)
Section 30 – Refusal to hand over the charge to new Chairman (preview)
Section 31 – Seizure and taking possession of record and property of Market Committee under certain conditions (preview)
Section 32 – Establishment and Composition of Market Committee of MNI (preview)
Section 33 – Appointment and functions of Secretary of the Market Committee of MNI (preview)
Section 34 – Executive Committee of MNI (preview)
Section 35 – Term of office of Members of the Executive Committee of MNI (preview)
Section 36 – Other provision of this Act also to apply to Market yard of National Importance (preview)
Section 37 – Powers and duties of Chairman (preview)
Section 38 – Powers and duties of Vice–Chairperson (preview)
Section 39 – Meeting etc. of the Market Committee (preview)
Section 40 – Quorum and procedure at meeting (preview)
Section 41 – Powers and duties of the Market Committee (preview)
Section 42 – Appointment of sub‐committee and delegation of powers (preview)
Section 43 – Power to borrow (preview)
Section 44 – Compounding of offences (preview)
Section 45 – Power to write off irrecoverable fee etc (preview)
Section 46 – Power to remove encroachment on market yard (preview)
Section 47 – Use of weighing instruments, weight and measure, their inspection (preview)
Section 48 – Mode of making contract (preview)
Section 49 – Act of Market Committee etc. not to be invalidated (preview)
Section 50 – Secretary of Market Committee (preview)
Section 51 – Powers, functions and duties of the Secretary (preview)
Section 52 – Appointment of Accountant (preview)
Section 53 – Appointment of staff by the Market Committee (preview)
Section 54 – Establishment and Promotion of electronic trading platform (preview)
Section 55 – Grantor Renewal of license to establish electronic trading platform (preview)
Section 56 – Integration of warehouses, silos, cold storages or other such structure or space, declared as market sub‐yard to e‐ platform (preview)
Section 57 – Integration of private market (preview)
Section 58 – Inter operability of e‐trading platforms (preview)
Section 59 – Payment to the sellers and maintenance of accounts (preview)
Section 60 – Suspension or Cancellation of licence of electronic trading platform (preview)
Section 61 – Dispute settlement‐ (i) between or among licensees under Section55(1); and (ii) between or among licensee and APLMC (preview)
Section 62 – Dispute settlement with regard to intra‐ State trade – transaction (preview)
Section 63 – Dispute settlement with regard to Inter‐ State trade transaction (preview)
Section 64 – Sale‐transaction of notified agricultural produce and livestock (preview)
Section 65 – Terms and procedure of buying and selling (preview)
Section 66 – Levy of market fee (single point levy of market fee) (preview)
Section 67 – Levy of user charge by Market Committee (preview)
Section 68 – Power to grant exemption from market fee (preview)
Section 69 – Grant or Renewal of licence to market functionaries other than traders (preview)
Section 70 – Grant or Renewal of unified single trading licence (preview)
Section 71 – Suspension or Cancellation of unified single trading licence granted or renewed under Section 70 (preview)
Section 72 – Recognition of unified single trading license granted/renewed under Section 70 for inter‐state trade (preview)
Section 73 – Grant or Renewal of licence for private market yard, farmer‐ consumer market yard and market sub‐ yard (preview)
Section 74 – Suspension or Cancellation of licence granted or renewed under Section73 (preview)
Section 75 – Grant or Renewal of licence for direct marketing (preview)
Section 76 – Suspension or Cancellation of direct marketing licence (preview)
Section 77 – Dispute settlement‐ (i) between or among Licensees. (ii) between or among licensee and APLMC (preview)
Section 78 – Appeal (preview)
Section 79 – Registration of whole sale ad‐hoc buyer (preview)
Section 80 – Bar of jurisdiction on Civil Courts (preview)
Section 81 – Preparation and sanction of budget (preview)
Section 82 – Market Committee Fund (preview)
Section 83 – Application of Market Committee Fund (preview)
Section 84 – Establishment of the State Agricultural Marketing Board (preview)
Section 85 – In corporation of Board (preview)
Section 86 – Constitution of the State Agricultural Marketing Board (preview)
Section 87 – Composition of the State Agricultural Marketing Board (preview)
Section 88 – Appointment of Managing Director, Officers and Servants of the Board (preview)
Section 89 – Term of Office of the non‐official Members of the Board (preview)
Section 90 – Term of Official Members (preview)
Section 91 – Allowances to Members of the Board (preview)
Section 92 – Filling of casual vacancy (preview)
Section 93 – Resignation of Chairman and Members (preview)
Section 94 – Disqualification of Member of the Board (preview)
Section 95 – Appointment of Sub‐ committee (preview)
Section 96 – Superintendence of the Board (preview)
Section 97 – Functions and powers of the Board (preview)
Section 98 – Regulations (preview)
Section 99 – “Marketing Development Fund” (preview)
Section 100 – Payments incurred by The Board (preview)
Section 101 – Contribution towards “Marketing Development Fund” (preview)
Section 102 – Borrowing by issue of bonds or stocks (preview)
Section 103 – Utilization of Marketing Development Fund Maintained by Board (preview)
Section 104 – Audit of accounts of the Board (preview)
Section 105 – Delegation of powers (preview)
Section 106 – Supervision and control of the Chairperson or Chief Executive (preview)
Section 107 – Functions and powers of the Managing Director (preview)
Section 108 – Conduct of business of the Board (preview)
Section 109 – Powers of Chairman of Board (preview)
Section 110 – Appointment of Director of Agricultural Marketing (preview)
Section 111 – Power and functions of the Director of Agricultural Marketing (preview)
Section 112 – Revolving Marketing Development Fund (preview)
Section 113 – Officer and staff of the Director of Agricultural Marketing (preview)
Section 114 – Penalty for contravention of Act, Rules and Bye‐laws (preview)
Section 115 – Recovery of market dues (preview)
Section 116 – Cognizance of offences (preview)
Section 117 – Inspection, inquiry, submission of statements etc (preview)
Section 118 – Powers of the Director to remove Chairman or Member of the Market Committee (preview)
Section 119 – Supersession of the Market Committee (preview)
Section 120 – Consequence of supersession of Market Committee (preview)
Section 121 – Supersession of Board (preview)
Section 122 – Consequence of super session of Board (preview)
Section 123 – Power of Director to direct Market Committee for amending Bye‐laws (preview)
Section 124 – Power of the Managing Director to prohibit execution or further execution of resolution passed or order made by the Market Committee (preview)
Section 125 – Power to call for proceedings of Market Committee by Director or Managing Director (preview)
Section 126 – Liability of Chairman, Members and Employees for loss, waste or misappropriation etc (preview)
Section 127 – Power of the State Government to amend schedule (preview)
Section 128 – Power of the State Government to give direction (preview)
Section 129 – Recovery of sums due to Board or Market Committee (preview)
Section 130 – Chairman, Members, Officer and Servant etc. of Market Committee and Board to be public servant (preview)
Section 131 – Delegation of power by State Government (preview)
Section 132 – Bar to civil suit & protection to person acting in good faith (preview)
Section 133 – Bar to suit in absence of notice (preview)
Section 134 – Duty to local Authority to give information and assistance (preview)
Section 135 – Act not to be invalidated by informality, vacancy etc (preview)
Section 136 – Power to make Rules (preview)
Section 137 – Power to make Bye‐laws (preview)
Section 138 – Repeal and savings (preview)
Section 139 – Power to remove difficulty (preview)

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