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

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

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	20209
Act Number:	9
Enactment Date:	2020-05-29
Act Year:	2020
Short Title:	The Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020 (Act No. 9 of 2020)
Long Title:	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.
Ministry:	Ministry of Law Department
Department:	Law Department
Type:	STATE
Location:	Meghalaya
Notification:	LL(B).151/80/58.

Title	Files

Title	Files

Title	Files

Title	Files

Show all section

Chapter I

PRELIMINARY

Chapter II

ESTABLISHMENT OF MARKETS

Chapter III

CONSTITUTION OF MARKET COMMITTEE

Chapter IV

CONDUCT OF BUSINESS AND POWERS AND DUTIES OF CHAIRMAN, SECRETARY AND MARKET COMMITTEE

Chapter V

STAFF OF MARKET COMMITTEE

Chapter VI

E‐TRADING

Chapter VII

REGULATION OF TRADING

Chapter VIII

BUDGET AND MARKET COMMITTEE FUND

Chapter IX

CONSTITUTION OF STATE AGRICULTURAL MARKETING BOARD

Chapter X

APPOINTMENT OF DIRECTOR AND ITS POWER AND FUNCTIONS

Chapter XI

PENALTIES

Chapter XII

CONTROL

Chapter XIII

RULES AND BYE‐LAWS

Chapter XIII

RULES AND BYE‐LAWS

CHAPTER XIV

REPEAL AND SAVINGS


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