MARKETING (PROMOTION AND FACILITATION) ACT, 2017
Chapter VI E-TRADING
Chapter VI E-TRADING
49. Establishment/ promotion of electronic trading platform
- (1) No person shall establish and run any electronic trading platform for trading in notified agricultural produce including livestock without obtaining a licence under this Section.
- (2) Save as provided in sub-section (1), the State Government or its agencies may, however, establish and run e-trading platform for trading in notified agricultural produce including livestock, as may be prescribed.
Chapter VI E-TRADING
50. Grant/ Renewal of licence to establish electronic trading platform
- (1) Any person desirous of establishing an e-trading platform under section 49 (1) shall apply to the Director or the Officer authorized by him in such form and manner along with such fee and secorurity/ bank guarantee and fulfilling such conditions, as may be prescribed.
- (2) The application received under sub-section
- (1) for grant or renewal of licence may be accepted or rejected for reasons to be\recorded in writing by the Licensing Authority : Provided that the application received under this section shall be liable to be rejected on the conditions mutatis mutandis to conditions laid down for private market yard under section 68.
- (3) The e-trading platform managed and operated by a person or State Government or its agencies, as the case may be, shall provide all infrastructures and services connected to e-trading, as may be prescribed.
- (4) The licensee or its management committee, may collect user charge on sale transaction of notified agricultural produce including livestock on the e-trading platform: Provided that no user charge shall be collected from agriculturist-seller. Provided further that the State Government in public interest may from time to time, by notification, put ceiling on the rate of collection of user charge.
- (5) The e-trading platform licensee shall contribute, of such user charge collection, to the separate “Revolving Marketing Development Fund” maintained by the Director at the rate in percentage at par with APLMC.
Chapter VI E-TRADING
51. The Fund will be utilized for the purposes and in the manner mutatis mutandis to section 10 (5) of this Act.
Integration of private market A licence holder under section 63
- (1) for market sub- yard if desirous to link to e-platform of Government of India, may apply, through concerned State Government, or its agencies, to the Department of Agriculture, Cooperation & Farmers’ Welfare, in the form and manner, as may be prescribed.
Chapter VI E-TRADING
52. Integration of warehouses/ silos/ cold storages or other such structure or space, declared as market sub-yard to e-platform
A licensee of private market yard, if desirous of integrating with e-trading portal, may apply through the State Government or its agencies to the Central Government, as may be prescribed.
Chapter VI E-TRADING
53. Interoperability of e-trading platforms
In order to evolve a unified National Agricultural Market and integrate various e-platforms, the applications in the e-platforms should be interoperable as per specifications and standards laid down by the Director or the Authority designated therefor.
Chapter VI E-TRADING
54. Payment to the sellers and maintenance of accounts
- (1) Notwithstanding anything contained in this Act, payment of notified agricultural produce including livestock traded on electronic platform shall be made on the same day of the sale transaction to the seller or in the maximum next day, if procedurally so required. In procedural exigencies on electronic trading, the payment to the seller may be made as may prescribed in Rules and Bye-laws.
- (2) The licensee or APLMC, as the case may be, shall maintain accounts of all the transactions taken place on electronic platform and submit such periodical reports and returns to the Managing Director or the authorized Officer, at such time and in such forms, as may be specified by the competent authority, from time to time.
Chapter VI E-TRADING
55. Suspension or Cancellation of licence of electronic trading platform
The Director may, for the reasons to be recorded, specifying the breach of any provision of Act/Rules/Bye-laws, instructions, orders, suspend or cancel the licence, granted under section 50, by passing a speaking order:
Chapter VI E-TRADING
56. Provided that no order for suspension or cancellation of licence shall be passed without giving a reasonable opportunity of being heard.
Dispute settlement-
- (i) between/ among licensees under section 50
- (1) ; and
- (ii) between/ among licensee and APLMC Any dispute arising between/among licensees of e- trading platforms, or between / among the licensees and APLMC/State agencies, shall be resolved by the Director or the Officer authorized by him, in summary manner within thirty days, after giving the parties reasonable opportunity of being heard.
Chapter VI E-TRADING
57. Dispute settlement with regard to intra-State trade-transaction
In case of any dispute with regard to intra-State transaction on e-platform, the redressal
through the process of conciliation and arbitration, or otherwise within seven working days; while in case of perishables it shall be within three working days. The management committee or Market Committee, as the case may be, shall dispose of the matter by issuing speaking order.
Chapter VI E-TRADING
58. Dispute settlement with regard to Inter-State trade transaction
In case of any dispute arising out of inter-State trade transaction on e-platform or any
other such platform, the Government can subscribe to become part of such
Authority, which may be constituted by the Union Government or State Government
under the existing law or any law for the time being in force to be framed therefor.
PDF: pending for this language.