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Union of India - Section

Section 12 in Farmers' Produce Trade and Commerce (Promotion and Facilitation) Rules, 2020

12. Procedure for regulating Electronic Trade and Transaction Platform.

- After taking cognizance of any breach as mentioned in sub-section (1) of section 9, the Agricultural Marketing Adviser or the officer of the State referred to in that sub-section shall comply with the following procedure, namely:-
(i)issue notice to the person owning, controlling or operating an electronic trade and transaction platform , as soon as possible, but in no case later than fourteen days from the date of taking suo moto cognizance or receiving a petition or a reference from any Government agency, mentioning therein brief of the contravention and direct the contravenor to attend the proceedings before it on the designated date;
(ii)hear the person owning, controlling or operating an electronic trade and transaction platform by taking into account circumstances and the documentary evidences provided in support by the alleged contravenor;
(iii)conduct such other enquires to ascertain facts as he deems fit, and may ask for additional documentary evidences to arrive at the conclusion;
(iv)direct the person owning, controlling or operating an electronic trade and transaction platform to file a reply either personally or through an advocate, and may permit him to be represented in the proceedings by an advocate;
(v)pass an ex-parte order if the person owning, controlling or operating electronic trade and transaction platform fails to submit reply in response to the notice within fourteen days from the date of receipt of such notices;
(vi)examine the reply to the notice and make any other enquiry to ascertain facts and direct him to file additional documentary evidence, if necessary;
(vii)dispose of the matter in a summary manner as provided in sub-section (1) of Section 9 by passing a reasoned order within sixty days from the date of taking suo moto cognizance of the contravention or receipt of the petition or reference from the Government agency.