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THE ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT,1989 (ACT NO. 6 OF 1990)

68 sections · 0 chapters

Preamble
Section 2 In this Act, unless the context otherwise requires,(l) "agricultural produce" means all produce and commodities, whether processed or unprocessed, of agriculture, horticulture, apiculture,pisciculture,viticulture, sericulture, animal husbandry, fleeces and skins of animals, forest products etc. as may be prescribed or declared by the Government by notification and also includes admixture of two or more of such produces.
Section 4 After the expiry of the period specified in the notification issued under section 3 and after considering such objections and suggestions as may be received before such expiry and after making such inquiry, as may be necessary, the Government may, by notification in the Official Gazette, declare the area specified in the notification issued under section 3 or any portion thereof to be a market area for the purpose of this Act In respect of all or any of the kinds of agricultural produce specific in the said notification.
Section 5 (I) Subject to the provision of sections 3 and4, the Government
Section 6 Where the Government is satisfied that for securing efficient regulation or marketing of any agricultural produce in any market area, it is necessary that two or more Market Committees therein should be amalgamated, than the Government may after consulting the Market Committees concerned direct for the amalgamation of such Market Committees into a single Market Committee for the market area in respect of the agricultural produce specified in the notification, with such constitution, property, rights, interests and authorities and such liabilities, duties and obligations(including provision in respect of contracts, assets, employees, proceedings and such incidental, consequential and supplementary matters as may be necessary to give effect to such amalgamation) as may be specified in such direction.
Section 7 (I) Subject to the provision of sections 3 and4, the Government
Section 8 (I) For each market area, there shall be one principal market yard
Section 9 (1) On the establishment of a market undersection 4 no local
Section 10 (I) For every market area, there shall be a Market Committee
Section 11 (I) The Market Committee may require a local authority to
Section 12 Provided that where the compensation is paid in instalment it shall carry an interest at the rate as maybe fixed by the Deputy Commissioner which shall be payable along with the instalments.
Section 13 (I) For every Market Committee established under sub-section
Section 14 (I) Every member of a Market Committee other than the first
Section 15 (I) The Chairman of the Market Committee shall be appointed
Section 16 {I) The Chairman or Vice-Chairman of any Market Committee
Section 17 {I) No business shall be transacted at any meeting of the Market
Section 18 Calling of meetings and quorum.
Section 19 A Market Committee shall have the power to regulate the entry of a person to the market, to supervise the behaviour of the persons so entered for transacting business and to take disciplinary action against the license holder who fails to full the conditions of the license or any direction of the Market Committee.
Section 20 It shall be the duty of every Market Committee to enforce the provisions of this Act, the conditions of license granted under the rules and bye-laws framed under this Act in the market area and to provide such facilities as the Government may, from time to time, direct in connection with the purchase sale of agricultural produce concerned.
Section 21 A Market Committee may appoint a subcommittee or a joint committee or an adhoc committee from amongst its members or non-members of the market area for the administration of the submarket yard, for the conduct of any work or for reporting or
Section 22 Appointment Secretary.
Section 23 (I) A Market Committee may also employ such other officers and
Section 24 Every contract entered into by a Market Committee shall be in writing and shall be signed by its Chairman and two members of the committee.
Section 25 Every Market Committee shall levy and collect cess or fees on the agricultural produce brought into or sold in the market area in a manner end at the rates as may be prescribed : Provided that the cess or fees so levied shall not be less than two rupees per one hundred rupees of the price of the agricultural produce. Explanation:- For the purpose of this section all notified agricultural produce taken out or proposed Tobe taken out of a market area shall, un less the contrary is provided, be presumed to have been brought or sold within such market area by the person in possession of such produce.
Section 26 (I) Any officer or servant of the Market Committee or the Board
Section 27 Power to stop vehicles etc.
Section 28 Every Market Committee shall keep in the market yard two sets of weighing and measuring instruments as prescribed under the Arunachal Pradesh Weights and Measures (Enforcement) Act, 1979 and rules made thereunder and such instruments shall be tested, verified and stamped in accordance with the provisions of the said Act or Rules made thereunder
Section 30 (I) There shall be a Fund to be called the Market Committee
Section 31 Subject to the provisions of section 30 the Market Committee Fund shall be expanded for the following purpose only, namely :-
Section 32 (I) A Market Committee may, with the previous sanction of the ;>)borrow.
Section 33 (I) Every Market Committee shall prepare and pass the budget
Section 34 No person shall, in respect of any notified agricultural produce,
Section 35 (I) Any person who desire to operate in the market shall apply·
Section 36 (I) Subject to the provision of sub-section(S) a Market
Section 37 {I) No trade allowances, other than allowance, prescribed by or ~ allowances other tha,
Section 38 All notified agricultural produce brought into the market proper for sale shall be brought into the market yard specified for such produce and shall not, subject to the provision of the bye-laws be sold at any other place outside such yard.
Section 39 (I) Any person who buys notified agricultural produce in the // and selling.
Section 40 (I) Save as provided under sub-section (l)of section 10, the
Section 41 (I) The Market Committee for Market of National Importance
Section 42 (I) There shall be an Executive Committee consisting of the/)
Section 43 The Executive Committee of market of National Importance shall exercise such powers and functions such duties as may be prescribed.
Section 44 (1) The Government may, for co-ordinating the activities of /1 of Agricultural
Section 45 Director shall function as the Chief Executive Officer of the A Officer ofthe Board Board and he shall exercise such powers and functions such duties as may be delegated to him by the Board or as may be prescribed.
Section 46 (I) The term of office of the non-official members of the Board
Section 47 In the event of any vacancy occurs due to death or resignation /} or otherwise bef6re the expiry of his term of office such vacancy shall be filled up as soon as may be, by nomination by the authority having power to nominate or appoint such member and the person so nominated shall hold such office for the unexpired term of the member in whose place he is nominated.
Section 48 The Government shall exercise superintendence and control /? Ofthe Board over the Board and its officers and may call for such information as it may deem necessary and in the event of its being satisfied that the Board is not functioning properly, it may suspend the Board and till such time a new Board is constituted, make such arrangement
Section 49 The non-official• • members of the Board shall be paid such fees <.;>, ofallowancesthe Board.of Member and allowances as may be fixed by the Government from time to
Section 50 The Board shall subject to the provisions of this Act perform the following functions namely :--
Section 51 (I) The Board may with the previous approval of the
Section 52 All moneys received by or on behalf of the Board shall be Fund.
Section 53 Every Market Committee shall pay 50 % of the total income derived from various sources to the Board as contribution and out of 50% so contributed to the Board, 50% of it shall go to the Movement revenue.
Section 54 Power to borrow.
Section 55 The Marketing Development Fund shall be utilised for the? Development Fund. following purposes, namely :-
Section 56 (I) The accounts of the Board shall be audited each year by a
Section 57 {I) The Chairman of the Board shall preside over the meeting of and staff of the Board.
Section 58 The Chief Executive Officer of the Board shall exercise general supervision and control over officers and staff of the Board and also exercise such other powers and functions as may be delegated to him by the Board or as may be prescribed by Regulation.
Section 59 (I) The Board shall meet for the transaction of its business at
Section 60 (I) The Board shall with the previous approval of the
Section 61 Subject to the provisions of this Act and Rules and Regulation mad€ thereunder, the Director may exercise the following powers and functions. namely:(i) to inspect or cause to be inspected the affairs of the Market Committees including its accounts {ii) to hold inquiry into the affairs of the Market Committees ;
Section 62 An officer investigating the affairs of a Market Committee or examining the proceedings of such committee under this Act or Rules or Regulation made thereunder shall have powers to summon and enforce the attendance of officers or Members of the Market Committee and to compel to give evidence and lo produce
Section 64 Whenever any person is convicted of any offence punishable under this Act the Magistrate shall in addition to any fine which may be imposed, recover summarily and pay over to the Market Committee the amount of fees or any other amount due from him under this Act or rules or bye-laws made therein under and mar, in his discretion, also recover and pay over to the Market Committees the costs of the prosecution.
Section 65 (1) No court interior to that of Magistrate of Second Class shall
Section 66 (1) Subject to the provisions of sub-section (2) an appeal shall
Section 67 {I) The Government may, on the recommendation of the Market
Section 68 Removal of members o Market ,f Committee.
Section 69 If in the opinion of the Government a Market Committee is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law. or exceeds or abuses its powers, the Government may, after giving the Market Committee an opportunity for submitting, an explanation in regard to the matter, by notification, stating the reasons for so doing, declare such Committee to be incompetent or in default or to have exceeded its powers, as the case may be, and supersede the Committee for a period not exceeding one year, at a time and dissolve the committee and reconstitute it within six months from the date of dissolution:
Section 70 (I) When an order of supersession has been passed under
Section 71 (I) Any sum due from the Market Committee to the Board or the
Section 72 All the members, officers and servant of the Market Committee and the Board shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (No. 45 of

THE ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT,1989 (ACT NO. 6 OF 1990)

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Section 51

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State · Arunachal Pradesh

Section 51 of THE ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT,1989 (ACT NO. 6 OF 1990)

Government make Regulations, trot inconsistent with the provisions of this Act and rules made thereunder for carrying out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power, such Regulation may provide for all or any of the following matters namely, :-
1. (i)the summoning and holding of meetings of the Board, the time and date and place of such meetings ;
2. (ii)the powers and duties of the officers and other employees of the Board;
3. (iii)the salaries and allowances and other conditions of service of officers and other employees of the Board; (iv)the management of the properties of the Board ;
4. (v)the execution of contracts and agreement of the Board;
5. (vi)the maintenance of accounts and the preparation of balance sheet by the Board;
6. (vii)quorum for any meeting or sitting of the Board ;
7. (viii)the procedure for carrying out the functions of the Board under this Act; and
8. (ix)any other matter for which provision is to be or may be made by Regulation. /) Marketing Development

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