Section 36 in Arunachal Pradesh Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2017
36. Powers and duties of the Market Committee.
(1)Subject to the provisions of this Act, it shall be the duty of the Market Committee-(i)To implement the provisions of this Act, the Rules and the Bye-laws made thereunder in the principal market yard, sub-market yard (s) and market sub-yard(s).(ii)To provide such facilities for marketing of notified agricultural produce including livestock therein as the Director/Managing Director or the State Government may from time to time direct(iii)To perform such other acts as may be required in relation to the superintendence, direction and control of principal market yard, sub-market yard (s) and market sub-yard (s) or for facilitating marketing of notified agricultural produce including livestock therein, and for the purposes connected with the matters aforesaid, and for that purpose may exercise such powers and discharge such functions as may be provided by or under this Act(iv)To do all such other acts to bring about complete transparency in pricing system and transactions taking place in the principal market yard, sub-market yard (s) and market sub-yard (s).(2)Without prejudice to the generality of the forgoing provisions, Market Committee shall -(i)maintain and manage the principal market yard, sub-market yard(s) and market sub-yard(s) within the delineated market area;(ii)provide the necessary facilities for the marketing of notified agricultural produce including livestock within the principal market yard, sub-market yard(s) and market sub-yard(s) in the delineated market area;(iii)grant/ renew a licence to market functionaries, except traders, or refuse it to do so;(iv)suspend or cancel licence granted/ renewed to market functionaries, except traders, and supervise the conduct of the market functionaries and enforce conditions of licence;(v)regulate or supervise the auction, including e-auction of notified agricultural produce including livestock in accordance with the provision and procedure laid down under the Rules made under this Act or Bye-laws of the Market Committee;(vi)regulate the making, carrying out and enforcement or cancellation of agreements of sales, weighment, delivery, payment and all other matters relating to the market of notified agricultural produce including livestock in the manner prescribed;(vii)provide for the settlement of all disputes between the seller and the buyer arising out on any kind of transaction, including online, connected with the marketing of notified agricultural produce including livestock and all matters ancillary thereto;(viii)promote Public Private Partnership for carrying out extension activities ir. its delineated market area viz., collection, maintenance and dissemination of information in respect of production, sale, storage, processing, prices and movement of notified agricultural produce;(ix)take measures for the prevention of purchases and sales below the minimum support prices as fixed by the State government from time to time;(x)levy, take, recover and receive rates, charges, fees and other sums of money to which the Market Committee is entitled;(xi)employ the necessary number of officers and servants for the efficient implementation of the provisions of this Act, the Rules and the Bye-laws as prescribed;(xii)prosecute persons for violating the provisions of this Act, the Rules and the Bye-laws and compound such offences;(xiii)acquire land and dispose of any moveable or immovable property for the purpose of efficiently carrying out its duties;(xiv)impose penalties on persons who contravenes the provisions of this Act, the Rules or the Bye-laws or the orders or directions issued under this Act, the Rules or the Bye-laws by the Market Committee , its Chairperson or by any officer duly authorised in this behalf;(xv)institute or defend any suit, prosecution, action, proceeding, application or arbitration and compromise such suit, action proceeding, application or arbitration;(xvi)handle the issues relating to pay, pension, allowances, gratuities, contribution towards leave allowance, provident Fund of the officers and servants employed by the Market Committee in the manner prescribed;(xvii)administer Market Committee Fund referred to in section-77 and maintain the account thereof in the prescribed manner;(xviii)carry out publicity about the benefits of regulation, the system of transaction, facilities provided in the principal market yard, sub- market yard (s), etc. through such means as poster, pamphlets, hoardings, cinema slides, film shows, group meetings, electronic media etc., or through any other means considered more effective or necessary; and(xix)ensure payment in respect of transactions which take place in the principal market yard, sub-market yard(s) and market sub-yard(s) orate-platforms to be made on the same day to the seller or in the maximum next day, if procedurally so required. In default to make the payment as aforesaid, provisions of section 60 (2) will apply. Save as provided in this clause, procedure of payment to the seller in case of e-trading will be mutatis mutandis to section 54(2).(3)Without prejudice to the generality of the forgoing provisions, Market Committee may -(i)take all possible steps to prevent adulteration of notified agricultural produce including livestock, if any; ·(ii)set up and promote Public Private Partnership in management of the agricultural markets;(iii)promote linking of consumers to farmers or their groups through appropriate digital technology;(iv)regulate the entry of persons and vehicles, traffic into the principal market yard, sub-market yards) and market sub-yard(s) vesting in the Market Committee;(v)inspect and verify scales, weights and measures in use in a market yard and sub- market yard and also the books of accounts and other documents maintained by the market functionaries in such manner as may be prescribed;(vi)arrange to obtain fitness (health) certificate from veterinary doctor in respect of animals, cattle birds etc., which are bought or sold in the principal market yards, sub- marker yard(s), and market sub-yard(s);(vii)recover the charges in respect of weighmen and hammals (loaders) and distribute the same to weighmen and hammals (loaders/unloaders) if not paid by the purchaser/seller as the case may be;(viii)collect and maintain information in respect of production, sale, storage, processing, prices and movement of notified agricultural produce and disseminate such information as directed by the Director/ Managing Director/ State Government; and(ix)reasonably act in the manner that traders do not hoard the agricultural produce and market functionaries may not form any cartel to jeopardize the interest of agriculturist-sellers.(4)With the prior sanction of the Director/Managing Director, the Market Committee may undertake -(i)construction of internal/connecting roads, godowns and other infrastructure in the Principal market yard, sub-market yard (s), market sub-yard (s) and delineated market area to facilitate marketing of agricultural produce including livestock and for the purpose give grant or advance Funds to the Board, or any other Department or undertaking of the State Government or any other agency authorized by the Director/ Managing Director;(ii)maintenance of stocks of fertilizer, pesticides, improved seeds, agricultural equipments, inputs for sale and establish Soil Testing Laboratories; and(iii)to provide on rent storage facilities for stocking of agricultural produce to agriculturists.(5)To promote and encourage e-trading, Market Committee may establish regulatory system, create infrastructure and undertake other activities and steps needed thereto.(6)Market Committee may establish or allow to be established third party assaying/ testing labs, and, therefore, constitute a committee, as may be prescribed , to promote assaying, grading and activities and services incidental thereto.
