State of Gujarat - Act
Gujarat Agricultural Produce Markets (Amendment) Act, 2007
GUJARAT
India
India
Gujarat Agricultural Produce Markets (Amendment) Act, 2007
Act 17 of 2007
- Published on 13 May 1964
- Not commenced
- [This is the version of this document from 13 May 1964.]
- [Note: The original publication document is not available and this content could not be verified.]
An Act further to amend the Gujarat Agricultural Produce Markets Act, 1963.It is hereby enacted in the Fifty-eighth Year of the Republic of India as follows:-* Received the Assent of the President on the 13th May, 1964 is hereby published for general information.(2)It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (1)after clause (v), the following clauses shall be inserted, namely:-"(v-aa) "contract farming" means farming by a person under a written agreement with agriculturist to the effect that his agricultural produce shall be purchased as specified in the agreement;(v-aaa) "Contract Farming Agreement" means an agreement made for contract farming between the sponsorer and agriculturist;"; (2)after clause (vi), the following clauses shall be inserted, namely:-"(vi-a) "e market" means a virtual platform created using information and communication technology for marketing activities in agricultural produce such as billing, booking, contracting, negotiating, information exchange, record keeping and other connected activities as are done electronically on computer network or internet;(vi-aa) "export" means dispatch of agricultural produce outside the territory of India;(vi-aaa) "exporter" means such person or firm who exports agricultural produce;(vii-a) "import" means bringing agricultural produce from outside the territory of India;(vii-aa) "importer" means such person or firm who imports agricultural produce from outside the territory of India;" (3)for clause (xii), the following clauses shall be substituted, namely:-"(xii) "Managing Director" means the Managing Director of the Gujarat State Agricultural Marketing Board appointed under section 341;(xii-a) "market" means a market established and regulated under this Act for the notified market area and also includes a market proper, a principal market yard, sub-market yard, private market, e-market and such other markets as may be declared under this Act;"; (4)after clause (xiii), the following clause shall be inserted, namely:-"(xiii-a) "market service charges" means the charges on account of or in respect of commission, brokerage, weighing, measuring, hammali (loading, unloading, and carrying), cleaning, drying, sieving, stitching, stacking, hiring, gunny bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing and such other charges as the Director may by order in the Official Gazette, specify;"; (5)after clause (xiv), the following clause shall be inserted, namely:-"(xiv-a) "market functionary" means a trader, a commission agent, buyer, hamal, processor, a stockiest and such other person as the State Government may by order in the Official Gazette, declare;" (6)after clause (xvi), the following clauses shall be inserted, namely:-"(xvi-a) "prescribed authority" means an officer, an agency or the organization as the State Government may by order in the Official Gazette, appoint;(xvi-aa) "private market" means the market for which the licence has been granted under Chapter IVA;"; (7)after clause (xvii), the following clauses shad be inserted, namely:-"(xvii-aa) "processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to;(xvii-aaa) "processor" means a person who undertakes processing of any agricultural produce on his own accord or on payment of a charge;(xvii-aaaa) "registration" means registration granted under section 31B;"; (8)after clause (xx), the following clause shall be inserted, namely:-"(xx-a) "special market" means a market declared as such under section 31M;"; (9)after clause (xxiii), the following clauses shall be inserted, namely:-"(xxiii-a) "transportation" means carriage of agricultural produce by any means of transport from one place to another;(xxiii-aa) "transporter" means a person who transports agricultural produce;(xxiii-aaa) "value addition" means processing, grading, packing or other activities due to which value is added to the agricultural produce;". (b)On the agricultural produce brought in the market area for commercial transaction or for processing, if the permit issued under clause (e) has not been submitted, the market fee shall be deposited by the buyer or processor, as the case may be, in the office of the market committee, within fourteen days but before sale or resale or processing or export outside the market area: Provided that in case any agricultural produce is found to have been processed, sold or resold or dispatched outside the market area without payment of market fee payable on such produce, the market fees shall be levied and recovered on five times the market value of the processed produce or value of the agricultural produce, as the case may be.(c)Tire market fee shall be payable by the buyer of the agricultural produce and shall not be deducted from the price payable to the agriculturist seller: Provided that where the buyer of a agricultural produce cannot be identified, all the fees shall be payable by the person who may have sold or brought the produce for sale in the market area:Provided further that in case of commercial transactions between traders in the market area, the market fee shall be collected and paid by the seller.(d)The market functionaries, as the market committee may by bye-laws specify and in the case of market established under Chapter IVA of this Act as the Director may specify, shall maintain accounts relating to sale and purchase or processing or value addition in such manner as may be prescribed and submit to the market committee, the periodical returns, as may be prescribed. (e)Any agricultural produce shall be removed out of the market area only in the manner and in accordance with. The permit issued in such form, as may be prescribed. The vehicle carrying agricultural produce shall be accompanied by such proofs as may be prescribed: Provided that the producer of the agricultural produce himself may remove the agricultural produce from one place to another without such permit.(2)Every such application shall be accompanied by such fee as may be prescribed. (3)The managing body or, as the case may be, the Director may refuse to register or renew the registration on the basis of one or more of the following reasons, namely:-(i)if not accompanied by the prescribed fee; (ii)dues of the market committee are outstanding against the applicant; (iii)the applicant is a minor or not bonafide; (iv)the applicant is a defaulter of dues payable under this Act and rules or bye-laws made thereunder; or (v)any other reasons as may be prescribed, (4)(i)If the application received under sub-section (1) fulfills all the requirements, it shall be disposed of by the managing body or as the case may be, the Director within a period of four weeks. Where the managing body or as the case may be, the Director fails to dispose of application within a period of four weeks, the applicant shall request in writing the managing body or as the case may be, the Director, for disposal of his application, and also inform in writing to the Director, in case of application made to the managing body or to the State Government, in case of application made to the Director. (ii)If the application is not disposed of, within a period of two weeks from the date of receipt of request made under clause (i), the registration or as the case may be its renewal shall be deemed to have been granted. (iii)The State Government in case of Director or, as the case may be, the Director in case of the managing body shall, on the basis of information received by him and after the expiry of period of two weeks, confirm that the application for registration or the renewal was submitted to the managing body or, as the case may be, the Director and that due action has not been taken by the managing body or, as the case may be, the Director for disposal of the said application, then- (a)die Director, in case of the application made to the managing body, shall issue a certificate granting deemed registration or its deemed renewal within the period of two weeks; (b)the State Government, in case of the application made to the Director, shall direct the Director to issue a certificate granting deemed registration or its deemed renewal within the period of two weeks. (2)The prescribed authority may grant or renew licence on such terms and conditions as may be prescribed for-(a)establishing a private market for-(i)process of the agricultural produce; (ii)trade of fruits and vegetables; (iii)export of agricultural produce; or (iv)grading, packing and adding value in any other way to the agricultural produce, (b)establishing an e-market, or (c)purchasing agricultural produce directly from the agriculturist in one or more market areas. (2)No market fee shall be levied for second time in any market area for agricultural produce on which market fee has been paid in a private market, e-market and the markets established under section 31M on production of such proof as may be prescribed. (3)The private market, e-market and the markets established under section 31M which has collected the fee under sub-section (1), shall contribute to the Development Fund established under section 34L, such percentage of fees in such manner, as may be prescribed. (4)In case of e-market, the market fee shall be paid by the buyer on the purchase of goods at such rate and in such manner, as may be prescribed. Out of the fees so collected, such percentage of fees as may be prescribed shall be contributed to the Development Fund established under section 34L. (5)Where the agricultural produce is purchased directly from the agriculturist, the market fee shall be paid to the market committee constituted under section 11 from whose market area the agricultural produce has been bought and removed. (2)The prescribed authority may grant or renew licence to establish Farmer-Consumer market on such terms and conditions, as may be prescribed. The person to whom a licence has been granted shall develop necessary infrastructure and at such place, producer of agricultural produce himself may, as may be prescribed, sell his produce directly to the consumer:Provided that the consumer shall not purchase in excess of such quantity of commodity at a time in the market as may be prescribed. (3)No market fee shall be levied on the transactions undertaken in the Farmer-Consumer market. (4)The proprietor of the Farmer-Consumer market may charge such amount from the buyer for the services provided by him at such rate as may be prescribed. (i)the application is not accompanied by the prescribed fee; (ii)the dues of the managing body are outstanding against the applicant; (iii)the applicant is a minor or not bonafide; (iv)the applicant is a defaulter of the dues payable under this Act, rules or the bye-laws made thereunder; or (v)any other reasons as may be prescribed. (2)On receipt of application under sub-section (1), the Director may, after making such inquiry as he may deem fit, grant a common licence subject to such terms and conditions as may be prescribed. (2)No licence or registration shall be suspended or cancelled under sub-section (1) without giving a reasonable opportunity to its holder to show cause against such suspension or cancellation. (2)The Appellate Authority, if it considers it necessary so to do, grant a stay of the order appealed against as it may deem fit. (3)The order passed by the managing body or, as the case may be the Director shall, under section 31B, section 31F or section 31G, subject to the order in the appeal under this section be final. (2)The authorized officer after giving opportunity of being heard to the parties may resolve the dispute and the decision given by the authority under sub-section (1) shall be final. (2)All accounts and registers maintained by any person in the ordinary course of business of any agricultural produce and documents relating to stocks of such agricultural produce or purchase, sale, processing, value addition of such agricultural produce in his possession and offices, establishment, godowns, vessels or vehicles of such persons shall be kept open for inspection at all reasonable time by the Director or such officer. (3)If the Director or such officer has reason to believe that any person is attempting to evade the payment of any market fee due from him under this Chapter or that any person has purchased, sold, processed or value added to any agricultural produce in contravention of any of the provisions of this Act or the rules or the bye-laws, he may seize such accounts, registers or documents of such a person, as may be necessary, and shall grant a receipt for the same and shall retain the same only so long as may be necessary for examination thereof or for prosecution. (4)For the purposes of sub-section (2) or sub-section (3), the Director or such officer may enter or search any place of business, warehouse, office, establishment, godown, vessel or vehicle where the Director or such officer has reason to believe that such person keeps or for the time being has kept accounts, registers or documents of his business or stock of agricultural produce relating to the business. (5)The provisions of sub-sections (4) to (8) of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to a search or seizure made under this section. (6)Where any books of accounts or other documents are seized from any place and there are such entries therein making reference to quantity, quotations, rates, receipts or payment of money or sale or purchase of goods, such books of accounts or other documents shall be admitted in evidence and such entries shall be the prima facie evidence of matters, transactions and accounts purported to have been recorded therein. (2)Notwithstanding anything contained in sub-section (1) of section 11, the State Government may by notification in the Official Gazette, establish separate market committee for effective implementation of provisions of this Act for the market notified under sub-section (1). (3)All provisions relating to the market committee made in the Act shall mutatis mutandis apply to the market committee established under sub-section (2). (2)The members of the market committee, other than ex-officio members, shall hold office during the pleasure of the State Government. (3)The market committee shall meet at least once in three months. (2)In case of emergency, the Executive Committee may decide issues requiring approval of the Market Committee. However, such decisions shall have to be approved by the Market Committee within 45 days from the date of such decisions. Failure in doing so or in the event of disapproval of such decisions by the Market Committee, such decisions shall be null and void. (3)The Executive Committee shall meet at least once in two months. (i)exercise supervision and control over the officers and staff of the market committee in matters of executive administration concerning accounts and records and disposal of all questions relating to the services of the officers and staff of the Market Committee as per the prescribed procedure. (ii)appoint officers and staff of the Market Committee as per direction and procedure prescribed by the Market Committee, (iii)incur expenditure from the Market Committee fund for the sanctioned items of work, (iv)in cases of emergency, direct the execution or stoppage of any work, (v)sanction and launch prosecution for violation of the provisions of this Act or rules or bye-laws made thereunder, (vi)issue licences to the functionaries operating in the market. (vii)prepare annual budget of the Market Committee, (viii)arrange for summoning the meetings of the market committee and maintenance of records of the proceedings of such meetings, (ix)inspect from time to time the construction work undertaken by the Market Committee and send report of such inspection to the Chairman of the Market Committee, (x)report such acts of the Market Committee or members of the Market Committee including the Chairman and Vice-Chairman which are contrary to the provisions of this Act or rules or by-laws framed thereunder, to the Director, (xi)take such steps as deemed necessary for the effective discharge of the functions and decisions of the Market Committee. (1)The contract farming agreement shall be in such form containing such particulars and terms and conditions, as may be prescribed. (2)The sponsorer shall furnish the copy of the agreement to the Board or to such officer and in such manner as may be prescribed. (3)The agricultural produce covered under contract farming agreement when sold, shall be liable to such market fees as may be prescribed by the Board. (2)Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature. (2)Persons empowered under sub-section (1) shall have power to seize any agricultural produce brought into or taken out or proposed to be taken out of the market area in any vehicle, vessel or other means of conveyance, if such person has reason to believe that any fee or other amount due under this Act or the value payable to the seller in respect of such produce has not been paid. (3)If any person authorized under sub-section (1) has reason to believe that any person is attempting to evade the payment of any market fee due from him under this Act or that any person has purchased or stored any agricultural produce in contravention of any of the provisions of this Act or the rules or the bye-laws in force in the market area, he may enter or search any place of business, warehouse, office, establishment or godown where the person empowered under sub-section (1) has reason to believe that such person keeps or has for the time being kept stock of agricultural produce and may seize the stored agricultural produce and such seized agricultural produce may be confiscated in favour of the market committee in such manner as may be prescribed:Provided that no agricultural produce shall be confiscated without giving a reasonable opportunity of being heard to the person concerned. (4)The provisions of the Code of Criminal Procedure, 1973 shall apply to entry, search and seizure under sub-sections (1), (2) and (3) as they apply in relation to the entry, search and seizure of property by the police officer.". (1)after clause (iv), the following clauses shall be inserted, namely:-"(iv-aa) (i) the manner of furnishing information regarding payment of market fee and manner of providing proof thereof and within a period to be prescribed under sub-section (2) of section 28;(ii)the manner of maintaining account and furnishing of periodical returns under sub-section (2) of section 28; (iii)the manner and form for permit for removal of agricultural produce and the proofs to be accompanied with the vehicle carrying agricultural produce under sub-section (2) of section 28; (iv-bb) the manner and the fee for the grant or renewal of registration of functionaries and reasons for refusal of such application under section 31B;(iv-cc) the form, manner and fee for making an application and for prescribing terms and conditions for grant or renewal of licence under section 31C;(iv-dd) the rate of market fee and manner of levy and collection thereof; the proofs to be produced; the percentage of market fee and manner of making contribution to the Development Fund, under section 31D;(iv-ee) the form, the manner, the fees and the authority to whom application shall be made, the terms and conditions for grant or renewal of licence, the manner of selling of agricultural produce and the quantity of commodity that may be purchased at a time and the rate of market charge under section 31E.(iv-ff) the other reasons for rejection of application for grant or renewal of application made under section 31C and section 31E, under section 31F;(iv-gg) the form, the manner and fees required to be paid, the terms and condition for grant of common licence under section 31G;(iv-hh) such other disqualifications for suspension or cancellation of licence or registration under section 31H;(iv-ii) the form and manner for preferring the appeal under section 31-I;(iv-jj) the manner of submitting audited annual accounts and statement of transaction under section 31L;(iv-kk) the procedure for supervision and control and procedure for appointment of the officers and staff of the market committee under section 31P;(iv-ll) the form, the particulars and the terms and conditions of, the manner in which and the officer to whom the contract farming agreement shall be furnished under section 31Q;"; (2)after clause (iv-h), the following clause shall be inserted, namely:-"(iv-ha) the manner in which the agricultural produce may be confiscated under section 51A;".