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The Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) (Amendment) Act, 2022

The Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) (Amendment) Act, 2022

General2022140 sections12 chapters

This Act promotes and regulates the marketing of agricultural produce and livestock in Meghalaya. It defines agricultural produce broadly to include produce of agriculture, horticulture, apiculture, sericulture, livestock and forests, and provides for market areas, registration of buyers including ad-hoc buyers, and the facilitation of trade. It has since been amended.

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Chapter II ESTABLISHMENT OF MARKETS →

  1. 3Notification of intention of regulating marketing of agricultural produce and livestock
  2. 4Declaration of whole State as one unified market area
  3. 5Explanation: The area so declared shall be a single unified market area for the whole State for regulation of marketing of notified agricultural produce and livestock.
  4. 6The Market Committee will enforce regulation on marketing of notified agricultural produce and livestock within the principal market yard, sub-market yard(s) and market sub-yard(s).
  5. 7Principal market yard, sub-market yard, market sub-yard, private market yard, private market sub-yard, farmer-consumer market yard, private marketplace and electronic trading platform
  6. 8Establishment and notification of "Special Commodity Market Yard"
  7. 9Establishment and notification of "Market Yard of National Importance (MNI)"
  8. 10Provided further that out of such annual tonnage or such annual value, 30 percent may arrive from not less than two other States.
  9. 11Establishment of farmer-consumer market yard (direct sale of agricultural produce in retail)
  10. 12Provided 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.
  11. 13The Fund will be utilized for the purposes and in the manner mutatis mutandis to Section 10 (5) of this Act.
  12. 14However, in case any dispute arises between the provisions of this Act and Essential Commodities Act, 1955, the latter shall prevail.
  13. 15Vesting of property of Local Authority in Market Committee
  14. 16Acquisition of land for Market Committee and/or Board
  15. 17Constitution of the first Market Committee
  16. 18In such event, a casual vacancy shall be deemed to have occurred and such vacancy shall be filled, as soon as may be, by nomination of a person thereto, as the case may be, by the State Government.
  17. 19Division of delineated market area for constituencies and reservation of seat
  18. 20Qualification to vote and be the representative of agriculturist
  19. 21Provision for election
  20. 22Superintendence, direction and control of elections
  21. 23Election of Chairman
  22. 24Provided further that pending the election of Chairman under this sub-section, the officer authorized by the Director shall discharge all the functions of the Chairman.
  23. 25Commencement of terms of office of Chairman and Members
  24. 26Resignation of Members
  25. 27Resignation by Chairman and vacancy in his office
  26. 28No confidence motion against Chairman
  27. 29Leave of absence to Chairman and consequences of absence without leave
  28. 30Refusal to hand over the charge to new Chairman
  29. 31Seizure and taking possession of record and property of Market Committee under certain conditions
  30. 32Establishment and Composition of Market Committee of MNI
  31. 33Appointment and functions of Secretary of the Market Committee of MNI
  32. 34Executive Committee of MNI
  33. 35Term of office of Members of the Executive Committee of MNI
  34. 36Other provision of this Act also to apply to Market yard of National Importance

Chapter IV CONDUCT OF BUSINESS AND POWERS AND DUTIES OF CHAIRMAN, SECRETARY AND MARKET COMMITTEE →

  1. 37Powers and duties of Chairman
  2. 38Powers and duties of Vice-Chairperson
  3. 39Meeting etc. of the Market Committee
  4. 40Provided that the Market Committee may, in special circumstances meet at any time and at any place in the delineated market area, as may be prescribed.
  5. 41The procedure of the meeting will be followed, as may be prescribed.
  6. 42Appointment of sub-committee and delegation of powers
  7. 43Power to borrow
  8. 44Compounding of offences
  9. 45Power to write off irrecoverable fee etc
  10. 46Power to remove encroachment on market yard
  11. 47Use of weighing instruments, weight and measure, their inspection
  12. 48Mode of making contract
  13. 49Act of Market Committee etc. not to be invalidated

Chapter V STAFF OF MARKET COMMITTEE →

  1. 50Secretary of Market Committee
  2. 51The Director or Managing Director shall have powers to appoint Secretary from the services of the State Government and on deputation also and such appointments shall be binding on the Market Committee.
  3. 52Appointment of Accountant
  4. 53Appointment of staff by the Market Committee

Chapter VI E-TRADING →

  1. 54Establishment and Promotion of electronic trading platform
  2. 55Grantor Renewal of license to establish electronic trading platform
  3. 56The Fund will be utilized for the purposes and in the manner mutatis mutandis to Section 10 (5) of this Act.
  4. 57Integration of private market
  5. 58Inter operability of e-trading platforms
  6. 59Payment to the sellers and maintenance of accounts
  7. 60Suspension or Cancellation of licence of electronic trading platform
  8. 61Provided that no order for suspension or cancellation of licence shall be passed without giving a reasonable opportunity of being heard.
  9. 62Dispute settlement with regard to intra-State transaction
  10. 63The management committee or Market Committee, as the case may be, shall dispose of the matter by issuing speaking order.

Chapter VII REGULATION OF TRADING →

  1. 64Sale-transaction of notified agricultural produce and livestock
  2. 65Terms and procedure of buying and selling
  3. 66Provided that no commission shall be collected from farmer-seller.
  4. 67Provided that no such fee shall be levied and collected from agriculturist-sellers.
  5. 68Power to grant exemption from market fee
  6. 69Grant or Renewal of licence to market functionaries other than traders
  7. 70Provided that no order for suspension or cancellation of licence shall be passed without giving a reasonable opportunity of being heard.
  8. 71Suspension or Cancellation of unified single trading licence granted under Section 70
  9. 72Recognition of unified single trading license granted/renewed under Section 70 for inter-state trade
  10. 73Grant or Renewal of licence for private market yard, farmer-consumer market yard and market sub-yard
  11. 74The licensee shall also follow the provisions of this Act and Rules made thereunder.
  12. 75Grant or Renewal of licence for direct marketing
  13. 76The licensee shall also follow the provisions of this Act and Rules made thereunder.
  14. 77Dispute settlement (i) between or among licensees for private market yard, farmer-consumer market yard, market sub-yard and direct marketing, or (ii) between or among licensee and APLMC
  15. 78Appeal
  16. 79Such order issued by the Appellate Authority shall have the force of the decree of a Civil Court and shall be enforceable as such.
  17. 80Provided that such wholesale purchases cannot be made more than three times in a month across the State.

Chapter VIII BUDGET AND MARKET COMMITTEE FUND →

  1. 81Preparation and sanction of budget
  2. 82Market Committee Fund
  3. 83Application of Market Committee Fund

Chapter IX CONSTITUTION OF STATE AGRICULTURAL MARKETING BOARD →

  1. 84Establishment of State Agricultural Marketing Board
  2. 85Incorporation of Board
  3. 86Constitution of the State Agricultural Marketing Board
  4. 87Composition of the State Agricultural Marketing Board
  5. 88Appointment of Managing Director, Officers and Servants of the Board
  6. 89Term of Office of the non-official Members of the Board
  7. 90Provided that no order of such removal shall be passed unless a reasonable opportunity to be heard has been given to the concerned.
  8. 91Allowances to Members of the Board
  9. 92Filling of casual vacancy
  10. 93The person so nominated shall hold such office for the un-expired term of his predecessor.
  11. 94Provided that a Member of the Board may resign from respective post by tendering his resignation to the State Government under intimation to the Chairman of the Board.
  12. 95Appointment of Sub-committee
  13. 96Superintendence of the Board
  14. 97Provided that the Board shall be constituted within six months from the date of its suspension.
  15. 98Regulations
  16. 99Marketing Development Fund
  17. 100All money received by or on behalf of the Board shall be credited to a Fund called "Marketing Development Fund".
  18. 101All payments incurred by the Board shall be defrayed out of the "Marketing Development Fund".
  19. 102Borrowing by issue of bonds or stocks
  20. 103Utilization of Marketing Development Fund Maintained by Board
  21. 104Audit of accounts of the Board
  22. 105The copies of accounts and audit report with comments thereon shall be placed before the Board.
  23. 106Supervision and control of the Chairperson or Chief Executive
  24. 107Functions and powers of the Managing Director
  25. 108Conduct of business of the Board
  26. 109Powers of Chairman of Board

Chapter X APPOINTMENT OF DIRECTOR AND ITS POWER AND FUNCTIONS →

  1. 110Appointment of Director and its power and functions
  2. 111Provided that Director of Agricultural Marketing shall not concurrently hold the office of Managing Director of the Board.
  3. 112Revolving Marketing Development Fund
  4. 113Officer and staff of the Director of Agricultural Marketing

Chapter XI PENALTIES →

  1. 114Penalty for contravention of Act, Rules and Bye-laws
  2. 115Recovery of market dues
  3. 116Cognizance of offences

Chapter XI CONTROL →

  1. 117Inspection, inquiry, submission of statements etc
  2. 118Powers of the Director to remove Chairman or Member of the Market Committee
  3. 119Supersession of the Market Committee
  4. 120Provided that no order of supersession shall be passed unless the Director has given a reasonable opportunity to the Market Committee of being heard in respect of the allegations made against it.
  5. 121Supersession of Board
  6. 122Provided that no order of supersession shall be passed unless the State Government has given to the Board a reasonable opportunity of being heard in respect of the allegations against it.
  7. 123Power of Director to direct Market Committee for amending Bye-laws
  8. 124Power of the Managing Director to prohibit execution or further execution of a resolution or order made by the Market Committee
  9. 125Power to call for proceedings of Market Committee by Director or Managing Director
  10. 126Liability of Chairman, Members and Employees for loss, waste or misappropriation etc
  11. 127Power of the State Government to amend schedule
  12. 128Power of the State Government to give direction
  13. 129Recovery of sums due to Board or Market Committee
  14. 130Chairman, Members, Officer and Servant of Market Committee and Board to be public servant
  15. 131Delegation of power by State Government
  16. 132Bar to civil suit & protection to person acting in good faith
  17. 133Bar to suit in absence of notice
  18. 134Every such suit shall be dismissed unless it is instituted within six months from the date of the accrual of alleged cause or action.
  19. 135Act not to be invalidated by informality, vacancy etc

Chapter XIII RULES AND BYE-LAWS →

  1. 136Power to make Rules
  2. 137Power to make Bye-laws

Chapter XIV REPEAL AND SAVINGS →

  1. 138Repeal and savings
  2. 139Power to remove difficulty

PDF: pending for this language.