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The Nagaland Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020

The Nagaland Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020

General2020136 sections

This Act establishes, improves, and regulates markets for agricultural produce and livestock in Nagaland. It applies to farmers, buyers, and market committees to ensure fair trading and development. The legislation aims to create a structured system for buying, selling, and processing farm goods, including export activities. By setting up a governing board and defining rules for business, it seeks to boost the agricultural economy and provide better facilities for farmers and traders in the state.

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  1. 0. Preamble
  2. 1. Short title, extent and commencement,
  3. 2. Definitions.
  4. 3. CHAFFER-IL: ESTABLISHMENT OF MARKETS
  5. 4. of this Act, so as to develop these markets to efficiently function as marketing platform nearest
  6. 5. Explanation: The area so declared shall he a single unified market area for the whole State for regulation of marketing of notified agricultural produce and livestock.
  7. 6. area, hitherto not declared, as delineated market area of any Market Committee.
  8. 7. area. hitherto not declared, as delineated market area of any Market Committee
  9. 9. Effect of alteration of limits
  10. 10. Powers of State Government to issue consequential order with respect to
  11. 12. Yard".
  12. 13. Establishment of private market yard.
  13. 14. Establishment of farmer- consumer market yard (direct sale of agricultural
  14. 15. Declaring warehouse/silos/cold storage or other
  15. 16. The Fund will be utilized for the purposes and in the manner mutatis mutandis to Section 13(5) of this Act.
  16. 17. Establishment of Market Committee and its incorporation.
  17. 18. Vesting of property of Local Authority in Market Committee.
  18. 19. Committee, be paid in lump-sum or in reasonable number of equal instalments with interest thereon as the Deputy Commissioner may fix.
  19. 20. Appointment of Office rs-incharge of Market Committee pending constitution of Market Committee
  20. 21. Government or the Managing Director.
  21. 22. Market Committee under this Act.
  22. 23. Qualification to vote and be the representative of agriculturist.
  23. 24. as the case may be.
  24. 25. reservation of seats and all matters connected thereto.
  25. 26. Subsection, the officer authorized by the MD shall discharge all the functions of the Chairperson.
  26. 27. be.
  27. 28. The Nagaland Gazette, Part-V 15, May, 2020 Act, be deemed to he duly constituted or duly functional, and such Market Committee shall be competent to exercise the powers and perform the functions of the Market Committee.
  28. 29. Chairperson.
  29. 30. No confidence motion against Chairperson and Vice-Chairperson.
  30. 31. Leave of absence to Chairperson and Vice-Chairperson and consequences of absence without leave
  31. 32. Refusal to hand over the charge to new Chairperson or Vice-Chairperson.
  32. 33. Seizure and taking possession of record and properly of Market Committee
  33. 34. Director or the person authorized by him, as the case may be.
  34. 35. Appointment and functions of Secretary of the Market Committee of MN!.
  35. 36. Executive Committee of MNI.
  36. 37. Term of office of Members of
  37. 38. The Members of the executive committee, shall hold the office during the pleasure of the Government.
  38. 39. May, 2020 CHAPTER—IV: CONDUCT OF BUSINESS AND POWERS AND DUTIES OF CHAIRPERSON, VICE—CHAIRPERSON, SECRETARY AND MARKET COMMITTEE.
  39. 40. Powers and duties of Vice —Chairperson.
  40. 41. Chairperson or during the absence of the Chairperson.
  41. 43. Powers and duties of the Market Committee.
  42. 44. Publishing data of agricultural produce.
  43. 45. produces standard-wise and brought to the market area for sale as may he prescribed.
  44. 46. Power to borrow.
  45. 47. Compounding of offences.
  46. 48. Power to write off irrecoverable fee etc.
  47. 49. Provided that the Market Committee shall, before writing off any such fee or amount, obtain the sanction of the Board, if the fee or amount exceeds rupees twenty five thousand.
  48. 50. Secretary if they fail to remove it after resolution of the Committee.
  49. 51. Mode of making contract.
  50. 52. Secretary of the Market Committee shall report the fact to the Market Committee at its meeting convened immediately following the date of entering into such a contract or an agreement.
  51. 53. Constitution of State Agricultural Marketing Service.
  52. 54. shall be charged on the Market Committee.
  53. 55. Powers, functions and duties of the Secretary.
  54. 56. To prefer complaints in respect of prosecutions to be launched on behalf of the Market Conuniuee and conduct proceedings, civil or criminal, on behalfof the Market Committee.
  55. 57. duties as may be delegated to him by the Market Committee or the Secretary.
  56. 58. Establishment/Promotion of electronic trading platform.
  57. 59. Grant/ Renewal of licence to establish electronic trading platform.
  58. 60. Integration of warehouses/silos/ cold storages or other such structure or
  59. 61. integration of private market.
  60. 62. A licensee of private market yard, desirous of integrating with e-trading portal, may apply through State Government or its agencies to the Central Government, as may be prescribed.
  61. 63. Payment to the sellers and maintenance of accounts.
  62. 64. Suspension or Cancellation of licence of electronic trading platform.
  63. 65. Provided that no order for suspension or cancellation of licence shall be passed without giving a reasonable opportunity of being heard.
  64. 66. Dispute settlement with regard to intra-State trade —transaction.
  65. 67. Dispute settlement with regard to Inter-State trade transaction.
  66. 68. Sale-transaction of notified agricultural produce and livestock.
  67. 69. Sale of notified Agricultural Produce in the Markets.
  68. 70. Terms and procedure of buying and selling.
  69. 71. Provided that no commission shall be collected from farmer-seller.
  70. 72. Levy
  71. 73. Power to grant exemption from market fee.
  72. 74. Permission for transportation of notified agricultural produce.
  73. 75. Grant/Renewal of licence to market functionaries other than traders.
  74. 76. Grant/Renewal of unified single trading licence.
  75. 77. The licence issued by the Managing Functions & powers of the Managing Director or the Officer authorized by him under this section shall bear Unicode, as may be prescribed.
  76. 78. Recognition of unified single trading license granted/ renewed under Section
  77. 80. The licensee shall also follow the provisions of thisAct and Rules made thereunder.
  78. 81. Grant/ Renewal of
  79. 82. The licensee shall also follow the provisions of this Act and Rules made thereunder.
  80. 83. Dispute settlement- (i) between/among licensees (ii) between/among licensee and APLMC
  81. 85. Such order issued by the Appellate Authority shall have the force of the decree of a Civil Court and shall be enforceable as such.
  82. 86. Bar of jurisdiction on Civil Courts.
  83. 88. shall not he called in question in any Court of law.
  84. 89. trade allowance not so prescribed.
  85. 90. Submission of annual account by licensed/registered functionaries and assessment of market fees
  86. 91. 15, May, 2020
  87. 92. Market Committee.
  88. 93. Preparation and sanction of budget.
  89. 94. Department of the Government or Board or any other agency authorized by the Government for this purpose.
  90. 95. Application of Market Committee Fund.
  91. 96. Establishment of the Nagaland State Agricultural Produce and Livestock
  92. 97. Livestock Marketing Board.
  93. 98. contract and to do all other things necessary for the purpose fbr which it is. established.
  94. 99. The Board shall consist of a Chairperson, Vice-Chairperson and such other Members as may be elected or appointed by the Government/Administration.
  95. 100. Member-Secretary who will he appointed by the State Government.
  96. 101. Term of Office of the non-official Members.
  97. 102. Term of office for the official members of the Board.
  98. 103. Allowances to Members of the Board.
  99. 104. Filling of casual vacancy.
  100. 105. The person so nominated shall hold such office for the un-expired term of his predecessor.
  101. 106. Provided that Vice-Chairperson and a Member of the Board may resign from respective post by tendering his resignation to the Government under intimation to the Chairperson of the Board.
  102. 107. Appointment of Sub-committee.
  103. 108. Superintendence of the Board.
  104. 110. Regulations.
  105. 112. Marketing Development Fund."
  106. 113. All payments incurred by the Board shall be defrayed out of the Marketing Development Fund.
  107. 114. and expenses incurred in execution of the functions assigned to the Board under this Act.
  108. 115. Utilization of Marketing Development Fund Maintained by Board.
  109. 116. Board under this Act, or as directed by the Government.
  110. 117. The copies of accounts and audit report with comments thereon shall be placed before the Board.
  111. 118. The Chairperson or the Member Secretary of the Board may delegate his power under this Act to any Officer of the Board.
  112. 119. Subject to the superintendence of the Board, the general control and direction over all the officers and servants of the Board shall be vested with the Chief Executive of the Board.
  113. 120. Board.
  114. 121. Conduct of business of the Board.
  115. 123. CFIAiTER—X : PENALTIES
  116. 124. day during which the contravention is continued after the first conviction.
  117. 127. Powers of Managing Director to remove Chairperson or Vice-Chairperson
  118. 128. the date the irregularities come to the notice of MD, till the final decision is taken in his case.
  119. 129. allegations against it.
  120. 130. Supersession of Hoard.
  121. 132. Power of Managing Director to direct Market Committee for amending
  122. 133. Power of the MD to prohibit execution or further execution of resolution
  123. 134. Power to call for proceedings of Market Committee and Managing
  124. 135. Liability of Chairperson, Vice Chairperson, Members and Employees
  125. 136. Power of the State Government to amend schedule.
  126. 137. Power of the State Government to give directions.
  127. 138. Recovery of Sums due to Board/Market Committee.
  128. 139. Chairperson, Vice-Chairperson, Members, Officer and Servant etc. of
  129. 140. Delegation of powers.
  130. 141. Bar to civil suit &protection to person acting in good faith.
  131. 142. Bar to suit in absence of notice.
  132. 143. of the accrual of alleged cause or action.
  133. 144. Act not to be invalidated by informality, vacancy, etc.
  134. 146. Every rule made under this Act shall be laid, as soon as maybe, before the Legislative Assembly which shall have the power to amend or annul any rule by motion adopted in that behalf.
  135. 147. CHAPTER-XlII: REPEAL AND SAVINGS
  136. 148. Power to remove difficulty.

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