The Gujarat Agricultural Produce Markets Act, 1963
Chapter III Chapter III
Chapter III Chapter III
5. Declaration of intension of regulating purchase and sale of agricultural produce in specified area.
(1) The Director may, by notification in the Official Gazette, declare his intention of regulating the purchase and sale of such agricultural produce and in such area, as may be specified therein. Such notification shall also be published in Gujarati in a newspaper having circulation in the area and in such other manner as may be prescribed. (2) Such notification shall state that any objection or suggestion received by the Director within the period specified in the notification which shall not be less than one month from the date of the publication of the notification, shall be con- sidered by the Director. (3) The Director shall also send a copy of the notification to each of the local authorities functioning in the area specified in the notification with a request to submit its objections and suggestions if any, in writing to the Director within the period specified in the notification.
Chapter III Chapter III
6. Declaration of market areas.
(1) After the expiry of the period specified in the notification issued under section 5 (hereinafter referred to in this section as “the said notification”), and after considering the objections and suggestions received before its expiry and holding such inquiry as may be necessary, the Director may, by notification in the Official Gazette, declare the area specified in the said notification or any portion thereof to be a market area for the purposes of this Act in respect of all or any of the kinds of agricultural produce specified in the said notification. A notification under this sub-section shall also be published in Gujarati in a newspaper having circulation in the said area and in such other manner, as may be prescribed. (2) Notwithstanding anything contained in any law for the time being in force, from the date on which any area is declared to be a market area under sub- section (1), no place in the said area shall be used for the purchase or sale of any agricultural produce specified in the notification except in accordance with the provisions of the Act : Provided that pending the establishment of a market in such area the Director may grant a licence to any person to use any place in the said area for the purchase or sale of any such agricultural produce and a licence so granted shall, unless it is cancelled or otherwise ceases to be in force, continue in force until the establishment of a market in the said area and for such period thereafter as may be pre- scribed. (3) Nothing in sub-section (2) shall apply to the purchase or sale of any such agricultural produce, if its producer is himself its seller and the purchaser purchases it for his own private consumption. (4) The Director may, on the report of the market committee or an officer appointed by the Director in this behalf and after holding such inquiry as he deems fit, suspend or cancel any licence granted under sub-section (2). (5) After declaring in the manner specified in section 5 his intention of so doing, and following the procedure therein, the Director may, at any time by noti- fication in the Official Gazette, exclude any area from a market area specified in a notification issued under sub-section (1), or include any area therein and exclude from or add to the kinds of agricultural produce so specified any kind of agricultural produce. A notification under this sub-section shall also be published in Gujarati in a newspaper having circulation in the said area and in such other manner, as may be prescribed.
Chapter III Chapter III
7. Declaration of market, market yard and market proper.
(1) For each market area, there shall be a market which shall consist of— (i) one principal market yard, (ii) sub-market yards, if any and (iii) all markets proper; notified under sub-sections (2) and (3). (2) The Director may, by notification in the Official Gazette, declare any enclosure, building or locality in any market area to be a principal market yard and any other enclosure, building or locality to be a sub-market yard. (3) Whenever the Director declares for any market area, the principal mar- ket yard or a sub-market yard, he shall simultaneously declare, by notification in the Official Gazette, an area within such distance of the principal market yard or sub- market yard, as the case may be, as he thinks fit, to be a market proper, and thereupon all industrial concerns in the said area with their compounds, godowns and warehouses, where agricultural produce is stored shall stand included in the market proper. (4) For the purposes of this Act, a market shall be deemed to have been established for any market area with effect from the date on which the principal market yard and a market proper are declared for that area.
Chapter III Chapter III
8. Operation in market under Licence.
No person shall operate in the market area or any part thereof except under and in accordance with the conditions of a licence granted under this Act.
Chapter III Chapter III
9. Establishment of market committee or committees.
(1) Save as otherwise provided in sub-sections (2) and (3), the Direc- tor shall establish a market committee for every market area. (2) Where on the declaration of any area as a market area, the Director is satisfied that it is necessary to establish a separate market committee for the effi- cient regulation of the purchase and sale of any specified kind of agricultural pro- duce in the market area, he may in addition establish for the market area a separate market committee for the purpose. (3) Where in respect of a market area for which a market committee has been established any kind of agricultural produce is added under the provisions of sub-section (5) of section 6, the Director may if satisfied that a separate market committee for the regulation of its purchase and sale is necessary establish one for the purpose. (4) “Where more market committees than one are established for any market area, subject to the provisions of section 24 each such market committee shall be deemed to be separately established for a separate market area. (5) Every market committee shall be deemed to be established under this section with effect from the date on which it is duly constituted for the first time under section 11.
PDF: pending for this language.