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The Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020 (Act No. 9 of 2020)

Meghalaya

An Act To provide for geographically restriction‐free trade transaction of agricultural produce including livestock across the State and country; to give freedom to the agriculturists to sell their produce across time and space; to enhance transparency in trade operations and price settlement mechanism through adoption of electronic and other innovative form of technology; to promote emergence of multiple channels for competitive marketing, agri‐processing and agricultural export; to encourage investments in development of markets and marketing infrastructure in the State of Meghalaya; and whereas it is expedient to put in place facilitative regulation, professional management and conducive policy frame work there of and purposes connected therewith and to lay down procedures and systems thereto.

Act number
9 of 2020
Ministry
Meghalaya Law Department
Department
Law Department
Enacted
29 May 2020

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

139 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Notification of intention of regulating marketing of specified agricultural produce and livestock.
  4. Section 4Declaration of whole State as one unified market area.
  5. Section 5Notification of delineated market area.
  6. Section 6Alteration or Amalgamation of delineated market area and of items of agricultural produce and livestock.
  7. Section 7Principal market yard, sub‐market yard, market sub‐yard, private market yard, private market sub‐ yard, farmer‐consumer market yard, private farmer‐consumer market and electronic trading platform.
  8. Section 8Establishment and notification of “Special Commodity Market Yard”.
  9. Section 9Establishment and notification of “Market Yard of National Importance (MNI)”.
  10. Section 10Establishment of private market yard.
  11. Section 11Establishment of farmer‐consumer market yard (direct sale of agricultural produce by farmer to consumer in retail).
  12. Section 12Declaring warehouse/silos/cold storage or other such structure or place as market sub‐yard.
  13. Section 13Direct marketing (wholesale direct purchase from farmers outside the market yard, sub‐ market yard, private market yard).
  14. Section 14Establishment of Market Committee and its incorporation.
  15. Section 15Vesting of property of Local Authority in Market Committee.
  16. Section 16Acquisition of land for Market Committee and/or Board.
  17. Section 17Constitution of the first Market Committee
  18. Section 18Constitution of the second and subsequent Market Committee.
  19. Section 19Division of delineated market area for constituencies and reservation of seat.
  20. Section 20Qualification to vote and be the representative of agriculturist.
  21. Section 21Provision for election.
  22. Section 22Superintendence, direction and control of elections.
  23. Section 23Election of Chairman.
  24. Section 24Term of the office of Chairman and Members.
  25. Section 25Commencement of terms of office of Chairman and Members.
  26. Section 26Resignation of Members.
  27. Section 27Resignation by Chairman and vacancy in his office.
  28. Section 28No confidence motion against Chairman.
  29. Section 29Leave of absence to Chairman and consequences of absence without leave.
  30. Section 30Refusal to hand over the charge to new Chairman.
  31. Section 31Seizure and taking possession of record and property of Market Committee under certain conditions.
  32. Section 32Establishment and Composition of Market Committee of MNI.
  33. Section 33Appointment and functions of Secretary of the Market Committee of MNI.
  34. Section 34Executive Committee of MNI.
  35. Section 35Term of office of Members of the Executive Committee of MNI.
  36. Section 36Other provision of this Act also to apply to Market yard of National Importance.
  37. Section 37Powers and duties of Chairman.
  38. Section 38Powers and duties of Vice–Chairperson.
  39. Section 39Meeting etc. of the Market Committee.
  40. Section 40Quorum and procedure at meeting.
  41. Section 41Powers and duties of the Market Committee.
  42. Section 42Appointment of sub‐committee and delegation of powers.
  43. Section 43Power to borrow.
  44. Section 44Compounding of offences.
  45. Section 45Power to write off irrecoverable fee etc.
  46. Section 46Power to remove encroachment on market yard.
  47. Section 47Use of weighing instruments, weight and measure, their inspection.
  48. Section 48Mode of making contract.
  49. Section 49Act of Market Committee etc. not to be invalidated.
  50. Section 50Secretary of Market Committee.
  51. Section 51Powers, functions and duties of the Secretary
  52. Section 52Appointment of Accountant.
  53. Section 53Appointment of staff by the Market Committee.
  54. Section 54Establishment and Promotion of electronic trading platform.
  55. Section 55Grantor Renewal of license to establish electronic trading platform.
  56. Section 56Integration of warehouses, silos, cold storages or other such structure or space, declared as market sub‐yard to e‐ platform.
  57. Section 57Integration of private market.
  58. Section 58Inter operability of e‐trading platforms.
  59. Section 59Payment to the sellers and maintenance of accounts.
  60. Section 60Suspension or Cancellation of licence of electronic trading platform.
  61. Section 61Dispute settlement‐ (i) between or among licensees under Section55(1); and (ii) between or among licensee and APLMC.
  62. Section 62Dispute settlement with regard to intra‐ State trade – transaction.
  63. Section 63Dispute settlement with regard to Inter‐ State trade transaction.
  64. Section 64Sale‐transaction of notified agricultural produce and livestock.
  65. Section 65Terms and procedure of buying and selling.
  66. Section 66Levy of market fee (single point levy of market fee).
  67. Section 67Levy of user charge by Market Committee.
  68. Section 68Power to grant exemption from market fee.
  69. Section 69Grant or Renewal of licence to market functionaries other than traders.
  70. Section 70Grant or Renewal of unified single trading licence.
  71. Section 71Suspension or Cancellation of unified single trading licence granted or renewed under Section 70.
  72. Section 72Recognition of unified single trading license granted/renewed under Section 70 for inter‐state trade.
  73. Section 73Grant or Renewal of licence for private market yard, farmer‐ consumer market yard and market sub‐ yard.
  74. Section 74Suspension or Cancellation of licence granted or renewed under Section73.
  75. Section 75Grant or Renewal of licence for direct marketing.
  76. Section 76Suspension or Cancellation of direct marketing licence.
  77. Section 77Dispute settlement‐ (i) between or among Licensees. (ii) between or among licensee and APLMC.
  78. Section 78Appeal.
  79. Section 79Registration of whole sale ad‐hoc buyer.
  80. Section 80Bar of jurisdiction on Civil Courts.
  81. Section 81Preparation and sanction of budget.
  82. Section 82Market Committee Fund.
  83. Section 83Application of Market Committee Fund.
  84. Section 84Establishment of the State Agricultural Marketing Board.
  85. Section 85In corporation of Board.
  86. Section 86Constitution of the State Agricultural Marketing Board.
  87. Section 87Composition of the State Agricultural Marketing Board.
  88. Section 88Appointment of Managing Director, Officers and Servants of the Board.
  89. Section 89Term of Office of the non‐official Members of the Board.
  90. Section 90Term of Official Members.
  91. Section 91Allowances to Members of the Board.
  92. Section 92Filling of casual vacancy
  93. Section 93Resignation of Chairman and Members.
  94. Section 94Disqualification of Member of the Board.
  95. Section 95Appointment of Sub‐ committee.
  96. Section 96Superintendence of the Board.
  97. Section 97Functions and powers of the Board.
  98. Section 98Regulations.
  99. Section 99“Marketing Development Fund”.
  100. Section 100Payments incurred by The Board.
  101. Section 101Contribution towards “Marketing Development Fund”
  102. Section 102Borrowing by issue of bonds or stocks.
  103. Section 103Utilization of Marketing Development Fund Maintained by Board.
  104. Section 104Audit of accounts of the Board.
  105. Section 105Delegation of powers.
  106. Section 106Supervision and control of the Chairperson or Chief Executive.
  107. Section 107Functions and powers of the Managing Director.
  108. Section 108Conduct of business of the Board.
  109. Section 109Powers of Chairman of Board.
  110. Section 110Appointment of Director of Agricultural Marketing.
  111. Section 111Power and functions of the Director of Agricultural Marketing.
  112. Section 112Revolving Marketing Development Fund.
  113. Section 113Officer and staff of the Director of Agricultural Marketing.
  114. Section 114Penalty for contravention of Act, Rules and Bye‐laws.
  115. Section 115Recovery of market dues.
  116. Section 116Cognizance of offences.
  117. Section 117Inspection, inquiry, submission of statements etc.
  118. Section 118Powers of the Director to remove Chairman or Member of the Market Committee.
  119. Section 119Supersession of the Market Committee.
  120. Section 120Consequence of supersession of Market Committee.
  121. Section 121Supersession of Board.
  122. Section 122Consequence of super session of Board.
  123. Section 123Power of Director to direct Market Committee for amending Bye‐laws.
  124. Section 124Power of the Managing Director to prohibit execution or further execution of resolution passed or order made by the Market Committee.
  125. Section 125Power to call for proceedings of Market Committee by Director or Managing Director.
  126. Section 126Liability of Chairman, Members and Employees for loss, waste or misappropriation etc.
  127. Section 127Power of the State Government to amend schedule.
  128. Section 128Power of the State Government to give direction.
  129. Section 129Recovery of sums due to Board or Market Committee.
  130. Section 130Chairman, Members, Officer and Servant etc. of Market Committee and Board to be public servant.
  131. Section 131Delegation of power by State Government.
  132. Section 132Bar to civil suit & protection to person acting in good faith.
  133. Section 133Bar to suit in absence of notice.
  134. Section 134Duty to local Authority to give information and assistance.
  135. Section 135Act not to be invalidated by informality, vacancy etc.
  136. Section 136Power to make Rules.
  137. Section 137Power to make Bye‐laws.
  138. Section 138Repeal and savings
  139. Section 139Power to remove difficulty.