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The Sikkim State Agricultural Produce Marketing (Development and Regulation) Act, 2005

The Sikkim State Agricultural Produce Marketing (Development and Regulation) Act, 2005

General2005128 sections

The Sikkim State Agricultural Produce Marketing (Development and Regulation) Act, 2005 establishes a statutory framework for regulating the sale, purchase, storage, and processing of agricultural produce across Sikkim. It applies to agricultural producers, traders, commission agents, processors, commercial buyers, and market management bodies operating within notified market areas. The legislation mandates the setup of Market Committees, private yards, and consumer markets to guarantee fair pricing, transparent auctions, standardized weighing, and dispute resolution. By facilitating direct farmer-to-consumer sales, contract farming agreements, and electronic trading, the law protects farmers from commercial exploitation, streamlines supply chains, and supports rural economic growth.

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  1. 1. Short title, extent and commencement
  2. 2. Definition
  3. 3. Notification of intention of requlatinq marketing of notified Agricultural Produce in specified area
  4. 4. Declaration of market area and development and regulation of marketing of specified agricultural produce therein
  5. 5. Market yards, sub-market yards, consumer /tarrners market and private market
  6. 6. Notification of intention to alter limits of or to amalgamate or to split up market areas ;.o-reestablish a market
  7. 7. Procedure subsequent to notification under Section 6
  8. 8. Effect of alteration of limits
  9. 9. Power of State to issue consequential order with respect to constitution, etc. of market committees on alteration of limits, amalgamation or splitting up
  10. 10. Constitution of Market Committee
  11. 11. Vesting of property of Local Authority in Market Committee
  12. 12. Transfer of land by Market Committee
  13. 13. Appointment of Office-in-Charge of Market committee pending constitution of first Market Committee
  14. 14. Constitution of Market Committee
  15. 14A. Constitution of Market Committee
  16. 14B. Division of Market Area constituencies and reservation of seats
  17. 14C. Qualification to vote and to be representative of Agriculture for
  18. 14D. First meeting, terms of officer, resignation by Chairman, vice- Chairman or Member and vacancy in their office
  19. 15. Chairman and Vice-Chairman of Market Committee
  20. 15A. Election of Chairman and Vice-Chairman
  21. 16. Resignation by Chairman and Vice- Chairman and vacancy in their office
  22. 17. No confidence motion against Chairman and Vice- Chairman
  23. 18. Seizure and taking posession of record and property of Market Committee under certain conditions
  24. 19. Classification of Market and Special Market
  25. 20. Special Market and Special Commodity Market
  26. 21. Constitution of Market Committee for Special Market
  27. 22. Chairman and Vice-Chairman of Special Market
  28. 23. Executive Committee for Special Market
  29. 24. Chief Executive of the Market Committee of Special Market functions and powers
  30. 25. Meeting etc. of Market Committee
  31. 26. Power and duties of Market Committee
  32. 34. Mode of making contract.
  33. 35. Act of Market Committee etc. not to be invalidated
  34. 36. Chief Executive Officer of Market Committee
  35. 37. Appointment of Staff by Market Committee
  36. 38. Procedure and form of Contract Farming Agreement
  37. 39. Regulation of Marketing of notified agriculture produce
  38. 40. Regulation of buying and selling
  39. 41. Procedure of buying and selling
  40. 42. Power to levy market fees (single point levy)
  41. 43. Permission for transportation of notified Agriculture produce
  42. 44. Registration of functionaries
  43. 45. Establishment of Private Yards, Direct purchase of Agricultural produce of Agriculturist(Direct purchasing from producer)
  44. 46. Establishment of Consumer/ Farmers Market. (Direct Sale by producer)
  45. 47. Grant/Renewal of Licensee of Private Yard, Consumer/ Farmers market and weighmens
  46. 48. Power to Cancel or suspend Licensee / Registration.
  47. 49. Appeal
  48. 50. Redressal of dispute between Private Market or Market Committee and Consumer Market
  49. 51. Provision of Trade allowances other than those prescribed under this act
  50. 52. Power to order production of Account and entry, inspection and seizure
  51. 53. Submission of annual account by Licensee /Registrar functionaries and assessment of Market fee
  52. 54. Assessment of Market Fee of his own motion by the Chief Executive Officer, payable to Market Committee by Licensee/ Registered Functionaries
  53. 55. Power to stop and inspect store Vehicles
  54. 65. Term of Officer of non official member of the board
  55. 66. Term of Official Members
  56. 67. Allowance to the Member of the Board
  57. 68. Filling of Casual Vacancy
  58. 69. Registration of members
  59. 70. Disqualification of Members of Board
  60. 71. Appointment of Sub-Committee
  61. 72. Superintendence of Board
  62. 75. Marketing Development Fund.
  63. 76. Payments incurred by Board
  64. 77. Contribution towards the Board
  65. 78. Borrowing by issue of Bonds or Stocks
  66. 79. Utilization of Marketing Development Fund
  67. 81. Delegation of Powers.
  68. 82. Supervision and control of Cheirmen / Chief Executive.
  69. 83. Functions and Powers of the Managing Director
  70. 86. Power of Chairman of Board
  71. 87. Penalty for contravention of Act, Rules and By-Laws
  72. 88. Recovery of Dues
  73. 92. Supersession of Market Committee
  74. 93. Consequence of Supersession of Market committee
  75. 94. Suspension of Board
  76. 95. Consequence of suspension of the Board
  77. 96. Power of Director/ Managing Director to direct Market Committee for amending By-Laws
  78. 97. Power of the Director to prohibit execution or further execution of resolution passed or order made by the Market Committee
  79. 98. Power to call for proceedings of Market Committee and Managing Director/Director
  80. 99. Liability of Chairman, Vice-Chairman, Member and Employees for loss waste or misappropriation etc.
  81. 100. Power of State Government to Amend Schedule
  82. 101. Power of State Government to give direction
  83. 102. Recovery of sums due to Board/Market Committee
  84. 103. Chairman, Vice-Chairman, Member Officers and servants etc. of Market Committee of Board to be public servant
  85. 104. Delegation of Power
  86. 105. Bar to Civil Suit and protection to person acting in good faith
  87. 106. Power to suit in absence of notice
  88. 107. Duty of Local Authority to give information and assistance
  89. 108. Act not to be invalidate by informality, vacancy etc
  90. 109. Power to make rules
  91. 110. Power to make Bye-laws
  92. 111. Repeal and saving
  93. 112. Power to remove difficulty
  94. unnumbered-1. Section unnumbered-1
  95. 56. (1). Power to grant exemption from Market fee
  96. 56. (2). Power to grant exemption from Market fee
  97. 57. (1). Preparation and sanction of Budget
  98. 57. (2). Preparation and sanction of Budget
  99. 57. (3). Preparation and sanction of Budget
  100. 57. (4). Preparation and sanction of Budget
  101. 57. (5). Preparation and sanction of Budget
  102. 57. (6). Preparation and sanction of Budget
  103. 64. (1). Appointment of Managing Director, Officers and employees of the Board
  104. 64. (2). Appointment of Managing Director, Officers and employees of the Board
  105. 64. (3). Appointment of Managing Director, Officers and employees of the Board
  106. 64. (4). Appointment of Managing Director, Officers and employees of the Board
  107. 73. (1). Function and power of Board
  108. 73. (2). Function and power of Board
  109. 73. (3). Function and power of Board
  110. 74. (1). Regulation
  111. 74. (2). Regulation
  112. 80. (1). Audit of Account of the Board
  113. 80. (2). Audit of Account of the Board
  114. 80. (3). Audit of Account of the Board
  115. 80. (4). Audit of Account of the Board
  116. 80. (5). Audit of Account of the Board
  117. 80. (6). Audit of Account of the Board
  118. 84. (1). Conduct of Business of the Board
  119. 84. (2). Conduct of Business of the Board
  120. 84. (3). Conduct of Business of the Board
  121. 84. (4). Conduct of Business of the Board
  122. 85. (1). Power and function of the Director of Marketing
  123. 85. (2). Power and function of the Director of Marketing
  124. 89. (1). Cognizance of offences
  125. 90. (1). Inspection of Markets and enquiry into the affairs of the Market committee
  126. 90. (2). Inspection of Markets and enquiry into the affairs of the Market committee
  127. 90. (3). Inspection of Markets and enquiry into the affairs of the Market committee
  128. 91. (1). Power to remove a member of the Market Committee

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