Section 5D in The Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963
5D. Direct marketing establishment of private market and farmer consumer market and redressal of disputes.
(1)The Director may, subject to such terms and conditions as may be prescribed, grant licence of any person for direct marketing or for establishing a private market in one or more market areas for--(a)processing of the agricultural produce;(b)trade of the agricultural produce of particular specification;(c)export of the agricultural produce:(d)grading, packing and transactions in any other way by value addition of the agricultural produce.(2)(a)The Director may, subject to such terms and conditions as may be prescribed grant licence to any person, who agrees or undertakes to develop the prescribed infrastructure, for establishing farmer-consumer market.(b)Market service charge shall be collected on sale of the agriculture produce by the seller and shall be remitted to the proprietor of the farmer-consumer market.(c)Save as otherwise provided in this Act, no market fee shall be levy-able on the sale or purchase of the agricultural produce in the farmer-consumer market.(3)(a)Any person who desires to purchase agricultural produce directly from the agriculturists or to establish a private market or farmer-consumer market, in one or more than one market area, shall apply to the Director for grant or renewal of licence, as the case may be, in the manner and for the period, as may be prescribed.(b)Along with every such application an adequate security deposit and a fee as may be prescribed shall be deposited.(c)Application received under clause (a) for grant or renewal of licence shall be rejected by the Director for any of the following reasons, namely:--(i)dues of any Market Committee or the State Marketing Board are outstanding the applicant;(ii)the applicant is a minor;(iii)the application is an insolvent;(iv)any other sufficient reason to be specified in writing.(4)(a)The Director may suspend or cancel the licence and communicate to the licence holder in writing, about the suspension or cancellation of his licence, if--(i)the licence has been obtained through wilful misrepresentation or fraud;(ii)the holder of the licence has committed a breach of any of the terms or conditions of licence;(iii)the holder of the licence has become an insolvent; or(iv)the holder of the licence has been convicted of any offence under this Act.(b)No licence shall be suspended or cancelled without giving a reasonable opportunity to its holder to show cause against such suspension or cancellation.(5)(a)Any dispute between the direct marketing licence holder, private market, farmer-consumer market and the Market Committee, shall be referred to the Director. The dispute shall be resolved after giving the parties a reasonable opportunity of being heard, in the manner prescribed.(b)Any person aggrieved by the decision of the Director under clause (a) may prefer an appeal to the State Government.(c)An appeal under clause (b) shall be made within a period of thirty days from the date of the decision of the Director.(d)The order passed in appeal by the State Government shall be final.(6)(a)The provisions of clauses (i), (ii), (iv), (v), (vi) (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xx), (xxi), (xxv) and (xxvi) of sub-section (2) of section 29, sub-sections (1), (3) and (4) of section 31 and sections 32A, 34A, 39, 40, 41, 42, 48, 49, 50, 51, 52, 52A, 56, 57 and 59B shall apply, mutatis mutandis, to direct marketing licence holder, private market and farmer-consumer market.(b)Notwithstanding anything contained in clauses (a), direct marketing licence holder shall pay the market fee as per section 31 to the Maharashtra State Agricultural Marketing Board, who, in turn shall disburse the same to the concerned Market Committee, in the manner prescribed.(7)The licensing, management, marketing, trading and other related functions of the markets established under this section shall be regulated in the manner prescribed.
