Bare Act

The Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005

General200587 sections

This Act establishes a legal framework to regulate the marketing of agricultural, horticultural, and other produce throughout Himachal Pradesh. It applies to farmers, buyers, commission agents, and cooperatives operating in designated market areas, governing activities like purchasing, selling, processing, and storage. The law helps protect small producers by setting fair rules and preventing unfair practices by middlemen. It also formalizes contract farming by creating clear agreements between farmers and sponsors. By organizing market operations through boards and committees, the legislation aims to provide better income opportunities and stability for local agricultural communities.

  1. 1. Short title
  2. 2. Definitions
  3. 3. Establishment of the Board
  4. 4. Constitution of the Board
  5. 5. Term of office of the Chairman and the non-official members of the board
  6. 6. Disqualification of members of the Board
  7. 7. Resignation of members of the Board
  8. 8. Removal of members of the Board
  9. 9. Appointment of officers and servants of the Board
  10. 10. Allowances of the Chairman and the non-official members of the Board
  11. 11. Powers and functions of the Board
  12. 12. Powers and functions of the Managing Director of the Board
  13. 13. Meeting of the Board
  14. 14. Quorum
  15. 15. Act of the Board not to be invalidated
  16. 16. Appointment of Sub-Committees
  17. 17. Superintendence and control of the Board
  18. 18. Delegation of powers
  19. 19. Notification of intention of developing and regulating the marketing of notified agricultural produce
  20. 20. Notification of intention to alter limits of or to split up market area to de-establish a market
  21. 21. Market yards, sub-market yards, farmer’s consumer’s and private market yards
  22. 22. Establishment of private yards, and direct purchase of agricultural produce from agriculturists
  23. 23. Establishment of consumer’s or farmer’s markets and creation of post harvest management facilities by the farmers/ agriculturists
  24. 24. Contract farming
  25. 25. Grant and renewal of license of private yard, consumer’s and farmer’s market
  26. 26. Power to cancel or suspend license
  27. 27. Regulation of marketing of notified agricultural produce
  28. 28. Sale of notified agricultural produce in the market
  29. 29. Establishment of the Committee
  30. 30. Constitution of the Committee
  31. 31. Term of office of the member of the Committee
  32. 32. Disqualifications of members of the Committee
  33. 33. Removal of members of the Committee
  34. 34. Meeting of the Committee
  35. 35. Election of the Chairman of the Committee
  36. 36. Resignation by the Chairman of the Committee
  37. 37. No confidence motion against the Chairman of the Committee
  38. 38. Act of the Committee not to be invalidated
  39. 39. Powers and functions of the Committee
  40. 40. Registration of market functionaries
  41. 41. Appointment of the Secretary of the Committee
  42. 42. Appointment of Sub-Committee and delegation of powers
  43. 43. Powers and duties of the Secretary of the Committee
  44. 44. Levy of Market fee
  45. 45. Single point levy
  46. 46. Marketing Development Fund
  47. 47. Annual Budget of the Board
  48. 48. Accounts, Audit and Annual report of the Board
  49. 49. Committee fund
  50. 50. Preparation and sanction of budget of the Committee
  51. 51. Purpose for which the Committee fund may be expended
  52. 52. Power to borrow
  53. 53. Inspection of markets and inquiry into the affairs of the Committee
  54. 54. Power to call for the proceedings of the Committee or the Board
  55. 55. Power to prohibit execution or further execution of resolution passed or order made by the Committee
  56. 56. Liability of Chairman, Vice-Chairman, members and employees for loss, waste or misappropriation etc.
  57. 57. Members, officers and servants of the Board and the Committees to be public servants
  58. 58. Prohibition of trade allowance
  59. 59. Power to order production of accounts, entry, inspection and seizure
  60. 60. Submission of annual accounts by licensees and registered functionaries and assessment
  61. 61. Assessment of market fee
  62. 62. Power to stop vehicles and inspect
  63. 63. Power to remove encroachments in the market yard
  64. 64. Power to grant exemption from market fees
  65. 65. Power to write off irrecoverable fees etc.
  66. 66. Recovery of sums due to the Board or the Committee
  67. 67. Redressal of disputes between the private market or consumer market and Committee
  68. 68. Appeal
  69. 69. Bar to civil suit and protection to persons acting in good faith
  70. 70. Bar to sue in the absence of notice
  71. 71. Power of the State Government to amend the SCHEDULE
  72. 72. Penalty for contravention of Act, rules and bye-laws
  73. 73. Recovery of the market dues
  74. 74. Cognizance of offences
  75. 75. Power to compound offences
  76. 76. Mode of making contract
  77. 77. Octroi not payable on certain agriculture produce
  78. 78. Acquisition of land for the Board and Committee
  79. 79. Supersession of the Board and the Committee
  80. 80. Reference to the Arbitrator in case of the dispute
  81. 81. Abolition of the Himachal Pradesh Marketing Board and transfer of its assets and liabilities
  82. 82. Abolition of the Market Committees and transfer of their assets and liabilities
  83. 83. Power to make rules
  84. 84. Power to make bye-laws
  85. 85. Power to make Regulations
  86. 86. Repeal and savings
  87. Schedule. (See section 2 (a) and section 71) THE SCHEDULE

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