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State of Goa - Section

Section 91 in The Goa Agricultural Produce Marketing (Development and Regulation) Rules, 2010

91. Grant of licence to establish Private Yard and Consumer/Farmer Market.

(1)Every application to establish private market yard/private market and consumer/farmers market shall be accompanied with. -
(i)a detailed project report showing the financial status of the applicant alongwith the Income Tax returns filed for the previous three assessment years or assets with valuation assessed by Chartered Accountant.
(ii)a Bank Guarantee as decided by the Government shall be deposited with the State Marketing Officer, while applying for licence to establish private yard, consumer/farmer market. However, the Government organizations and local authorities are exempted from furnishing Bank Guarantee.
(iii)the project report of private yard shall contain details, such as, exact location and the extent of land in which the yard is proposed to be established, amount proposed to be spend for setting up facilities for purchase/sale and storage of notified agricultural produce including processing, grading, packing, storing and for sale/export of the agricultural produce by way of value addition and outlay earmarked for providing facilities, if any, like lodging, boarding to the growers who bring produce to the private yard; for establishing laboratory facilities to evaluate and determine the quality of the agricultural produce after processing to satisfy the sanitary and phytosanitary requirements of the consumers.
(iv)The project report of the consumer/farmer market shall contain details, such as, exact location and the extent of land in which the market is proposed to be established and outlay earmarked for providing infrastructure like auction hall, sheds, drinking water facilities, toilets, internal roads, etc.
(2)The application, on receipt, shall be scrutinized by the State Marketing Officer or an officer authorized by him, and after being satisfied, he shall enter it in the register maintained in Form 'R' appended hereto at the earliest and within a period of thirty days of its receipt.
(3)The State Marketing Officer shall evaluate the project report submitted by the applicant and shall within a period of 60 (sixty) days from the date of receipt of application, issue the letter of intent for commencement of the project based on such evaluation.
(4)
(a)On completion of evaluation of the project report, the applicant shall give an intimation to the State Marketing Officer who shall on receipt of intimation authorize an officer to inspect, to ensure completion of the project with all facilities as per the project report. In case of failure by the applicant to implement the project within the period mentioned in the permission or within such extended time which shall not be more than three years from the date of issue of letter intent, the State Marketing Officer may refuse to grant licence for reasons to be communicated. In case of rejection of application, the fee deposited with the application shall be refunded to the applicant, after retaining 5% of the fee paid towards processing cost.
(5)On receipt of the report of implementation of the project, the State Marketing Officer may grant licence in Form 'S' appended hereto with such conditions as specified thereto for a period not exceeding ten years, renewable for a period of ten years every time on an application and on payment of fee as applicable for grant of licence.
(6)The licensee may start trading or making purchases, as the case may be, from agriculturist growers of the area or areas specified in the licence only after receipt of the licence. However, in the event of cancellation of licence owing to failure to implement the project, the person licensed shall forthwith stop making purchases under the licence.
(7)The State Marketing Officer or the officer authorized by him not below the rank of an Assistant Registrar shall have power to inspect the private yard and Consumer/Farmer Market.
(8)The licensee shall submit areawise monthly returns of purchases made from the agriculturist growers to the respective Marketing Board and also submit consolidated returns to the State Marketing Officer and pay the Market Fee to the Marketing Board as laid down in the Bye-laws, by the 25th day of the succeeding month. He shall also furnish the sale returns pertaining to processed goods as applicable:Provided that no market fee shall be levied for the second time in any market area of the State on agricultural produce on which market fee has been levied and collected at the specified rate in a Private Yard:Provided further that the licensee private yard, shall retain 20% of the market fee so collected for the purpose of developing and maintaining its activities, to conduct and regulate trading of agricultural produce by the agriculturists:Provided also that no market fee shall be leviable on sale and purchase made in consumer/farmer market.
(9)The licensee shall ensure the payment of sale proceeds to the agriculturists by issuing a sale slip on the day of sale and allow only such allowances and deductions, as are permitted under the rules, collect market charges as are applicable in the notified market area and maintain such register and furnish such returns to the State Marketing Officer as he may direct.
(10)The farmer in the consumer/farmer market shall not be permitted to sell more than ten kilogram fruits and vegetables or other perishable agricultural produce and fifty kilogram food grains or other non-perishable agricultural produce to one consumer.
(11)The private market yard and consumer/farmer market licence holder shall not be granted licence for direct purchase.
(12)The licensee private market yard, or consumer/farmer market shall also develop the required infrastructure for providing following amenities or facilities:-
(i)Auction, platforms, shops, godowns, canteen, drinking water, latrine, urinals, compost pits, street lights, etc. in the interest and for the convenience of producers as well as other individuals using the market yard.
(ii)In addition to the infrastructure mentioned in clause (i) above, the owner of a private yard may provide such other amenities and facilities therein as are requisite of a modern market such as, warehouses, pre-cooling, cold storage (including controlled atmosphere cold storage), ripening chambers, laboratory facilities to evaluate and determine the quality of the produce after processing to satisfy the sanitary and phytosanitary requirements of the consumers, pack houses having grading lines, Kisan Bhawans, loading and unloading sites, electronic auctioning, electronic display of market rates of different commodities, etc.
(iii)The consumer/farmer market shall create minimum infrastructure as are normally provided in 'Apni Mandi', 'Kisan Haat', or 'Ryathu Bazar', including stalls for the farmers/growers, as also shops for ancillary services, i.e. booths for sale of seeds, fertilizers, organic fruits and vegetables, milk, other fruits and vegetables, etc.