Section 7 in The Punjab Agricultural Produce Markets Act, 1961
7. Declaration of market yards.
(1)For each notified market area there shall be one principal market yard and one or more sub-market yards as may be necessary.(2)The State Government may, by notification, declare any enclosure, building or locality in any notified market area to be a principal market yard for the area and other enclosures, buildings or localities to be one or more sub-market yards for the area.[8. Control of sale and purchase of Agricultural produces. - From the date of issue of notification under Section 6 or from such later date as may be specified therein, no person, unless exempted by rules made under this Act, shall, either for himself or on behalf of another person or the State Government, within the notified market area set up, establish or continue or allow to be continued any place for the purchase sale, storage and processing of the agricultural produce or purchase, sell, store or process such agricultural produce except under a licence granted in accordance with the provisions of this act, the rules and bye-laws made thereunder and the conditions specified in the licence.] [Substituted by Haryana Act No. 21 of 1973 and further subtitued by Haryana Act 21 of 1975.](2)From the date on which the State Government has, by a notification under Section 7, declared any place to be a principal or sub-market yard, no person, municipal committee, panchayat, panchayat samiti or any other local authority, notwithstanding anything contained in sub-section (1) or in any enactment relating to such municipal committee, panchayat samiti, panchayat or local authority, shall be competent to set up, establish or continue or allow to be continued any place within a distance of five kilometres from the other limits of such market yard for the purchase and sale of any agricultural produce :Provided that nothing herein contained shall apply to the sale of agricultural produce stored in a cold-storage or processed and kept in a factory.(3)Nothing contained in sub-sections (1) and (2) shall apply to -(a)the sale of agricultural produce by a producer himself to any person who purchase it for his private consumption;(b)the purchase by a person from any person of any agricultural produce for his private consumption;(c)the sale or purchase of agricultural produce through retail sale; and(d)The storage or he sale of hypothecated agricultural produce by a schedule bank or warehouse establish under the Warehousing Corporation Act, 1962 or the Punjab Warehouses Act, 1957.(4)The State Government may, for reasons to be recorded in writing, exempt any class of dealers from the provisions of sub-sections (1) and (2).[8A. Procedure and form of contract farming agreement. - (1) The contract farming agreement shall be governed as under :-(i)contract farming sponsor shall register himself with the Committee or with a prescribed officer in such manner as may be prescribed;(ii)contract farming sponsor shall get the contract farming agreement executed with the contract farming producer and get the same registered with the officer prescribed in this behalf. The contract farming agreement shall be in such form containing such particulars and terms and conditions as may be prescribed for marketing of contract farming produce.(2)Notwithstanding anything contained in contract farming agreement, no title, rights, ownership or possession of the land shall be transferred or alienated or vested in the contract farming sponsor or his successor or his agent as a consequence arising out of the contract farming agreement.(3)The contract farming sponsor shall be the buyer of the agricultural produce covered under the contract farming agreement. The business premises of the sponsor shall be deemed to be the market yard for the purpose of sale and purchase of agricultural produce covered under contract farming agreement of that sponsor.(4)Disputes arising out of the contract farming agreement may be referred to any authority prescribed in this behalf for settlement. The prescribed authority shall resolve the dispute in the summary manner within thirty days after giving the parties a reasonable opportunity of being heard in the manner prescribed.(5)The party aggrieved by the decision of the prescribed authority under sub-section (4) may prefer an appeal to an appellate authority as may be prescribed, within thirty days from the date of decision. The appellate authority shall dispose of the appeal within thirty days after giving the parties reasonable opportunity of being heard and the decision of the appellate authority shall be final.(6)The decision by the prescribed authority under sub-section (4) and decision in appeal under sub-section (5) shall have force of the decree of the civil Court and shall be enforceable as such and the decretal amount shall be recovered as an arrear of land revenue.(7)Disputes relating to and arising out of contract farming agreement shall not be called in question in any civil Court.] [Added by Haryana Act No. 22 of 2006.]
