The Chhattisgarh Krishi Upaj Mandi (Amendment) Adhiniyam, 2005

1. (1) This Act may be called the Chhattisgarh Krishi Upaj-Mandi (Amendment) Act, 2005.
2. (2) It shall come into force from the date of its publication in the official gazette.

In sub-section

1. (1) of section 2 of the Chhattisgarh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973) (hereinafter referred to as the Principal Act), -
   • (i) After clause
   • (cc) the following clause shall be inserted namely :-
   • (ccc) "Contract farming means farming of agriculture produce on contract basis by a person on his land under a written agreement with another person to the effect that his farm produce should be purchased at a rate specified in the agreement;
   • (cccc) "Contract farming agreement" means the agreement made for contract farming between contract farming buyer and contract farming producer; (ccccc) "Contract farming Producer" means a person obtaining agricultural produce on his land under a written agreement of contract farming; (cccccc) "Contract farming buyer" means a person, company or partnership firm who purchases agricultural produce from contract farming producer under a written agreement of contract farming.

For clause

1. (j) and clause
2. (q) of sub-section

1. (1) of Section 41 of the principal Act, the following shall be substituted, namely :-
   • (j) Two members of the Chhattisgarh Legislative Assembly, out of which one shall be woman, nominated in consultation with the Speaker of the Legislative Assembly ;
   • (q) Three Chairmen of market Committees, out of which one shall be woman."

After clause (x-ee) of the Section 44 of the principal Act, the following clause shall be inserted, namely :- "(x-ee) with the Prior sanction of the State Government to give grant to "Chhattisgarh Go-Seva Ayog" for the maintenance of goshala and old Cattles".

38. Amendment of Section 38 For sub-section

1. (2) of Section 38 of the Chhattisgarh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973) (hereinafter referred to as Principal Act), the following shall be substituted, namely :- "All money received in the market committee fund and other sums specified in sub-section
2. (1) shall be deposited in a Cooperative Bank, which fulfils the conditions of section 11
3. (1) of Banking Regulation Act, 1949 in Post Office or in any of such eligible Banks as specified by the State Government." 43. Amendment of Section 43 In sub-section
4. (7) of Section 43 of the Principal Act, the following shall be substituted, namely :- "All money received by the Chhattisgarh State Marketing Development Fund, shall be deposited in a Cooperative Bank, which fulfils the conditions of section 11
5. (1) of Banking Regulation Act, 1949 or in Post Office or in any of such eligible Banks as specified by the State Government." 1. Short title, extent and commencement
6. (1) This Act may be called the Chhattisgarh Krishi Upaj-Mandi (Amendment) Act, 2005.
7. (2) It shall come into force from the date of its publication in the official gazette. 2. Amendment of Section 2 In sub-section
8. (1) of section 2 of the Chhattisgarh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973) (hereinafter referred to as the Principal Act), -
   • (i) After clause
   • (cc) the following clause shall be inserted namely :-
   • (ccc) "Contract farming means farming of agriculture produce on contract basis by a person on his land under a written agreement with another person to the effect that his farm produce should be purchased at a rate specified in the agreement;
   • (cccc) "Contract farming agreement" means the agreement made for contract farming between contract farming buyer and contract farming producer; (ccccc) "Contract farming Producer" means a person obtaining agricultural produce on his land under a written agreement of contract farming; (cccccc) "Contract farming buyer" means a person, company or partnership firm who purchases agricultural produce from contract farming producer under a written agreement of contract farming. 6. Amendment of Section 6 "(c) agricultual produce notified in Paxt VII and VIII of the Schedule, which is purchased or sold outside the notified market yard,/special produce market yard./sub-market yard./farmer consumer sub-market yard:" 11. Amendment of Section 11 "In section 11 of the Principal Act. in sub-section (1), in clause (c), for the word "processing", the words "processing or manufacturing" shall be substituted." 12. Amendment of Section 12 In Section 12 of the Principal Act. in sub-section (8), afrerthe hrst proviso and before the second proviso, the following shall be inserted, namely :- " Provided further that ifthe Chairman ofthe market committee of the area offifth Schedule to the Constitution, doesn't belong to Scheduled Tribes, the Vice-chairman shall be elected from amongst the elected members belonging to Scheduled Tribes:" 19. Amendment of Section 19 ln Section 19 of the Principal Act.- in sub-section (l), in the proviso, for the word 'lrocessing", the words "processing or manufacturing' shall be substituted; in sub-section (2). in the fourth proviso.-
   • (a) for the words " for processing", ttre words " for processing or manufacturing" shall be substituted; and
   • (b) for the word " processor'', wherever ii occurs, the words " processor or manufacturer" shall be substituted; in sub-section (4), -
   • (a) for the words "processed re-sold", the words " processed, manufactured resold" shall be substituted; and
   • (b) for the word "processed produce", the words " processed or manufactured produce" shall be substituted; in sub-section (5), for the word 'lrocessing", the words "processing or manufacturing" shall be substituted; and in sub-section (6), in the proviso,-
   • (a) for the word "processed", the words " processed or manufactured" shall be substituted; and
   • (b) for the word 'lrocessor", wherever it occurs, the words " processor or manufactuer" shall be substituted. 21. Amendment of Section 21 In Section 21 of the Principal Act, in sub-section ( 1 ),for the word "processor", the words "processor, manufacturer" shall be substituted. 31. Amendment of Section 31 In Section 31 of the Principal Act, for the words "processing or pressing", the words "processing or manufacturing or pressing" shall be substituted. 39. Amendment of Section 39
     • (ix) Two percent of the income received as Mandi fees in Market Committee Fund shall be transferred to the Department of Panchayat and Rural Development for the development or construction works of the Gram Panchayats of market area. 44. Amendment of Section 44
     • (i) in clause (x-ee), for the figure and symbol "10%", the figure and symbol "20%" shall be substituted.
     • (ii) in clause (xii), for the words "fifteen percent", the words "twenty percent" shall be substituted. 1. Short title, extent and commencement
9. (1) This Act may be called the Chhattisgarh Krishi Upaj-Mandi (Amendment) Act, 2005.
10. (2) It shall come into force from the date of its publication in the official gazette. 2. Amendment of Section 2 In sub-section
11. (1) of section 2 of the Chhattisgarh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973) (hereinafter referred to as the Principal Act), -
    • (i) After clause
    • (cc) the following clause shall be inserted namely :-
    • (ccc) "Contract farming means farming of agriculture produce on contract basis by a person on his land under a written agreement with another person to the effect that his farm produce should be purchased at a rate specified in the agreement;
    • (cccc) "Contract farming agreement" means the agreement made for contract farming between contract farming buyer and contract farming producer; (ccccc) "Contract farming Producer" means a person obtaining agricultural produce on his land under a written agreement of contract farming; (cccccc) "Contract farming buyer" means a person, company or partnership firm who purchases agricultural produce from contract farming producer under a written agreement of contract farming. 6. Amendment of Section 6 "(c) agricultual produce notified in Paxt VII and VIII of the Schedule, which is purchased or sold outside the notified market yard,/special produce market yard./sub-market yard./farmer consumer sub-market yard:" 11. Amendment of Section 11 "In section 11 of the Principal Act. in sub-section (1), in clause (c), for the word "processing", the words "processing or manufacturing" shall be substituted." 12. Amendment of Section 12 In Section 12 of the Principal Act. in sub-section (8), after the first proviso and before the second proviso, the following shall be inserted, namely :- " Provided further that if the Chairman of the market committee of the area of fifth Schedule to the Constitution, doesn't belong to Scheduled Tribes, the Vice-chairman shall be elected from amongst the elected members belonging to Scheduled Tribes;" 17. Amendment of Section 17 In sub-section
12. (3) of Section 17 of the Principal Act, for the words "Managing Director" wherever they occur, the word "Director" shall be subsituted. 20. Amendment of Section 20 In Section 20 of the Principal Act,-
13. (1) in sub-section (1), after the words "the State Government or the Board", the words "or Director" shall be inserted.
14. (2) In sub-section (2), after the words "the Board", the words "or Director" shall be inserted. 21. Amendment of Section 21 In Section 21 of the Principal Act, -
15. (1) in sub-section (3), after the words "State Government or Board" the words "or Director" shall be inserted; and
16. (2) in sub-section (5), after the words "State Government or Board" the words "or Director " shall be inserted. 23. Amendment of Section 23 "12. In clause
    • (i) of sub-section
17. (1) of Section 23 of the Principal Act, after the words ''Board", wherever they occur the words "or Director" shall be inserted." 24. Amendment of Section 24 "13. In Section 24 of the Principal Act, for the words "Managing Director" the word "Director" shall be subsituted." 30. Amendment of Section 30 Amendment of Section 30. In Section 30 of the Principal Act, for the words "Managing Director" wherever they occur, the word "Director" shall be substituted. 32. Amendment of Section 32 Amendment of Section 32. In sub-section
18. (2) of Section 32 of the Principal Act, for the words "Managing Director" the word "Director" shall be substituted. 33. Amendment of Section 33 "Amendment of Section 33"

After Section 32 of the principal Act, the following Section shall be inserted, namely :-

" 32-A, Licence for more than one market area" ( 1 ) Every person specified in section 31 who desired to operate in more than one market area, shall apply to such authority/officer notified by the State Government for grant of a licence or renewal thereof in such manner and within such period and on such conditions as may be prescribed in the rules.

1. (2) The authority/officer notified by the State Government may grant or renew the licence or for reasons to be recorded in writing, refuse to grant or renew the licence.
2. (3) All licence granted or renewed under this section shall be subject to the provisions of this Act and the rules and bye-laws made there under. 34. Amendment of Section 34 "Amendment of Section 34" After clause (x-ee) of the Section 44 of the principal Act, the following clause shall be inserted, namely :- "(x-ee) with the Prior sanction of the State Government to give grant to "Chhattisgarh Go-Seva Ayog" for maintenance of goshala and old Cattles". 39. Amendment of Section 39 In Section 39 of the Principal Act, in clause (viii), after sub-clause (h), the following shall be inserted, namely:- "(r) Two percent of the income received as Mandi fees in Market Committee Fund shall be transferred to the Department of Panchayat and Rural Development for the development or construction works of the Gram Panchayats of market area." 43.

Amendment of Section 50 "Amendment of Section 50"

Amendment of Section 53 "Amendment of Section 53"

Amendment of Section 54 In Section 54 of the Principal Act, for the words "Managing Director" wherever they occur, the word "Director" shall be subsituted.

In Section 55 of the Principal Act, for the words "Managing Director" wherever they occur, the word "Director" shall be subsituted.

"56. Amendment of Section 56." In the Principal Act, for sub-section (3),

1. (4) and (5), the following shall be substituted, namely:-
2. (3) When a Market Committee has been superseded, the Director may by an order-
   • (a) appoint a person to be called the officer-in-charge, or
   • (b) appoint a committee consisting not more than seven persons to be called the in-charge committee, To carry out the functions and exercise the power of the Market Committee and transfer to such officer-in-charge or in-charge committee the assets and liabilities of the superseded Market Committee as on the date of such transfer: Provided that the Director may at any time appoint an officer-in-charge in place of in-charge committee and in-charge committee in place of the officer-in-charge: Provided further that in the event of death, resignation, leave or suspension of the officer-in-charge, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as possible by appointment of a person thereto, by the Director and until such appointment is made a person nominated by the Collector shall act as an officer-in-charge.
3. (4) Any officer-in-charge or any person or all person appointed to in-charge committee under clause
   • (b) of sub-section
4. (3) may at any time be removed by the Director, who shall have power to appoint another person or another persons in his place, as the case may be.
5. (5) Any person appointed as officer-in-charge under sub-section
6. (3) shall receive from the Market Committee Fund for his services such Honorarium as may be fixed by the Government, and each member of the in-charge committee shall be entitled to receive allowances from the market committee fund at such rate as the allowances payable to the members of the Mandi Committee."

"57. Amendment of Section 57." In the Principal Act, for Section 57, the following shall be substituted, namely:-

"57. Consequences of dissolution under Section 13.

1. (1) Where a Market committee stands dissolved under sub-section
2. (2) of Section 13, the following consequences shall ensue namely:-
   • (a) all the members as well as the Chairman and Vice-Chairman of the Market Committee shall, as from the date of dissolution of such Market Committee under the said sub-section, be deemed to have vacated their offices;
   • (b) all powers and duties of the Market Committee under this Act, shall be exercised and performed subject to the control of the Director,-
     • (i) by a person to be called the officer-in-charge as the Director may, by order appoint in that behalf,
     • (ii) by a committee consisting of not more than seven persons to be called the in-charge committee as the Director may, by order appoint in that behalf: Provided that the Director may at any time appoint an officer-in-charge in place of in-charge committee and in-charge committee in place of the officer-in-charge: Provided further that in the event of death, resignation, leave or suspension of the officer-in-charge a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as possible by appointment of a person thereto by the Director and until such appointment is made a person nominated by the Collector shall act as an officer-in-charge;
   • (c) all property vested in the Market Committee shall vest in the officer-in-charge or the in-charge Committee in trust for the purposes of this Act.
3. (2) Any officer-in-charge or any person or all persons appointed to in-charge committee under sub-clause
   • (ii) of clause
   • (b) of sub-section
4. (1) may at any time be removed by the Director who shall have power to appoint another person or another persons as the case may be.
5. (3) Any person appointed as officer-in-charge under sub-section
6. (1) shall receive from the Market Committee Fund for his services such Honorarium as may be fixed by the Government, and each member of the in-charge committee shall be entitled to receive allowances from the market committee fund at such rate as the allowances payable to the members of the Mandi Committee.
7. (4) The officer-in-charge or the in-charge committee shall cease to hold office on the date appointed for the first general meeting of the Market Committee as reconstituted."

In Section 58 of the Principal Act, for the words "Managing Director" wherever they occur, the word "Director" shall be subsituted.

In Section 59 of the Principal Act, for the words "Managing Director" wherever they occur, the word "Director" shall be subsituted.

In Section 61 of the Principal Act, for the words "Managing Director" wherever they occur, the word "Director" shall be subsituted.

In proviso of Section 63 of the Principal Act, for the words "Managing Director" the word "Director" shall be subsituted.

"39.

Amendment of Section 65 In Section 65 of the Principal Act, -

1. (1) in sub-section (1), after the words "Managing Director", the words "or Director" shall be inserted.
2. (2) after sub-section (2), the following shall be inserted, namely:- "(2-a) The Director may delegate to any officer any of the powers conferred on him by or under this Act."
3. (3) in sub-section (3), for the words "Managing Director", the word "Director" shall be substituted.

1. (1) after the words "Managing Director" wherever they occur, the words "or Director" shall be inserted.
2. (2) for the words "or against any officer or servant of the Board or any market committee", the words "or against any officer or servant of the Board or Director or any market committee" shall be substituted.

In Section 67 of the Principal Act, after the word "Board" the words "or Director" shall be inserted.

Amendment of Section 81.—In Section 81 of the Principal Act, for the words "Managing Director" wherever they occur, the word "Director" shall be substituted.

1. Short title, extent and commencement Short title, extent and commencement.—(1) This Adhiniyam may be called the Chhattisgarh Krishi Upaj Mandi (Sanshodhan) Adhiniyam, 2018.

1. (2) It shall extend to whole State of Chhattisgarh.
2. (3) It shall come into force from the date of its publication in the Official Gazette. 2. Amendment of Section 2 Amendment of Section 2 In sub- section
   • (I) of section 2 OF the Chhattisgarh Krishi upaj Mandi Adhiniyam, 1972 (No. 24 of 1973) (hereinafter referred ro as The Principal Act), -
   • (i) After clause
   • (cc) the following clause shall be inserted namely :-
   • (ccc) "Contract farming means farming of agriculture produce on contract basis by a person on his land under a written agreement with another person to the effect that his farm produce should be purchased at a rate specified in the agreement ;
   • (cccc) "Contract farming agreement" means the agreement made for contract farming between contract farming buyer and contract farming producer ; (ccccc) "Contract farming Producer" means a person obtaining agricultural produce on his land under a written agreement of contract farming ; (cccccc) "Contract farming buyer" means a person, company or partnership firm who purchases agricultural produce from contract farming producer under a written agreement of contract farming. 10. Appointment of officer-in-charge or in-charge Committee pending constitution of first Market Committee Appointment of officer-in-charge or in-charge Committee pending constitution of first Market Committee 10. Appointment of officer-in-charge or in-charge Committee pending constitution of first Market Committee.-
3. (1) When a market is established for the first time under this Act, the Director shall, by an order,-
   • (a) appoint a person to be the officer-in-charge, or
   • (b) appoint a, in-charge committee not exceeding seven person, for a period of not exceeding five years. The officer-in-charge or in-charge committee shall exercise all the powers and perform all the duties of the Market Committee under this Act, subject to the control of the Director: Provided that the Director may at any time appoint an officer-in-charge in place of in-charge committee and in-charge committee in place of the Officer in-charge and the in-charge officer or in-charge committee so appointed, as the case may be, shall hold office for the remaining period available to his predecessor: Provided further that in the event of death, resignation, leave or suspension of the officer-in-charge a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as possible by appointment of a person thereto, by the Director and until such appointment is made a person nominated by the Collector shall act as an officer-in-charge: Provided further also that, if the Market Committee is constituted before the expiration of the aforesaid period the officer-in-charge or the in-charge committee shall cease to hold office from the date of appointment for the first general meeting of the newly constituted Market Committee.
4. (2) Any officer-in-charge appointed under sub-section
5. (1) or any person or all person appointed to in-charge committee under clause
   • (b) of sub-section (1), may at any time be removed by the Director, who shall have power to appoint another person or another persons in his place, as the case may be.
6. (3) Any person appointed as officer-in-charge under sub-section
7. (1) shall receive from the Market Committee Fund for his services such Honorarium as may be fixed by the Government, and each member of the in-charge committee shall be entitled to receive allowances from the market committee fund at such rate as the allowances payable to the members of the Mandi Committee.
8. (4) The officer-in-charge or the in-charge committee appointed under sub-section
9. (1) shall, notwithstanding the expiration of his term thereunder, continue to hold office till the date appointed for the first general meeting under sub-section
10. (1) of Section 13 of the newly constituted Market. 12. Amendment of Section 12 Provided further that if the Chairman of the market committee of the area of fifth Schedule to the Constitution, doesn't belong to Scheduled Tribes, the Vice-chairman shall be elected from amongst the elected members belonging to Scheduled Tribes: 56. Amendment of Section 56 "(3) When a Market Committee has been superseded, the Director may by an order-
    • (a) appoint a person to be called the officer-in-charge, or
    • (b) appoint a committee consisting not more than seven persons to be called the in-charge committee, To carry out the functions and exercise the power of the Market Committee and transfer to such officer-in-charge or in-charge committee the assets and liabilities of the superseded Market Committee as on the date of such transfer: Provided that the Director may at any time appoint an officer-in-charge in place of in-charge committee and in-charge committee in place of the officer-in-charge: Provided further that in the event of death, resignation, leave or suspension of the officer-in-charge, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as possible by appointment of a person thereto, by the Director and until such appointment is made a person-nominated by the Collector shall act as an officer-in-charge.
11. (4) Any officer-in-charge or any person or all person appointed to in-charge committee under clause
    • (b) of sub-section
12. (3) may at any time be removed by the Director, who shall have power to appoint another person or another persons in his place, as the case may be.
13. (5) Any person appointed as officer-in-charge under sub-section
14. (3) shall receive from the Market Committee Fund for his services such Honorarium as may be fixed by the Government, and each member of the in-charge committee shall be entitled to receive allowances from the market committee fund at such rate as the allowances payable to the members of the Mandi Committee." 57. Amendment of Section 57 -1 "57. Consequences of dissolution under Section 13.
15. (1) Where a Market committee stands dissolved under sub-section
16. (2) of Section 13, the following consequences shall ensue namely:-
    • (a) all the members as well as the Chairman and Vice-Chairman of the Market Committee shall, as from the date of dissolution of such Market Committee under the said sub-section, be deemed to have vacated their offices;
    • (b) all powers and duties of the Market Committee under this Act, shall be exercised and performed. subject to the control of the Director,-
      • (i) by a person to be called the officer-in-charge as the Director may, by order appoint in that behalf,
      • (ii) by a committee consisting of not more than seven persons to be called the in-charge committee as the Director may, by order appoint in that behalf: Provided that the Director may at any time appoint an officer-in-charge in place of in-charge committee and in-charge committee in place of the officer-in-charge: Provided further that in the event of death, resignation, leave or suspension of the officer-in-charge a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as possible by appointment of a person thereto by the Director and until such appointment is made a person nominated by the Collector shall act as an officer-in-charge;
    • (c) all property vested in the Market Committee shall vest in the officer-in-charge or the in-charge Committee in trust for the purposes of this Act.
17. (2) Any officer-in-charge or any person or all persons appointed to in-charge committee under sub-clause
    • (ii) of clause
    • (b) of sub-section
18. (1) may at any time be removed by the Director who shall have power to appoint another person or another persons as the case may be.
19. (3) Any person appointed as officer-in-charge under sub-section
20. (1) shall receive from the Market Committee Fund for his services such Honorarium as may be fixed by the Government, and each member of the in-charge committee shall be entitled to receive allowances from the market committee fund at such rate as the allowances payable to the members of the Mandi Committee.
21. (4) The officer-in-charge or the in-charge committee shall cease to hold office on the date appointed for the first general meeting of the Market Committee as reconstituted."