Section 144 of The NAGALAND AGRICULTURAL PRODUCE AND LIVESTOCK MARKETING (PROMOTION AND FACILITATION) ACT, 2020

No act done or proceeding taken under this Act by the Board.by a Market Committee or a sub-committee appointed by the Board shall be invalidated merely on the ground of-

1. (a)any vacancy or defect in the constitution of Board or sub-committee; or (b) any defect or irregularity in the appointment of a person acting as a member thereof: or e) any defect or irregularity in such Act or proceeding. not affecting the substance. The Nagaland Gazette, Part -V 15, May, 2020 CHAPTER-Xll: RULES AND BYE-LAWS 145 Power to make Rules.
   1. (I)The Government may, after previous publication, make Rules for carrying out the purposes of this Act.

1. (2)In particular and without prejudice to the generality of the foregoing power. such Rules may provide for (i) declaration of special commodity market yard(s) and Market yard(s) of National Importance (MN!) based on annual output & income and infrastructure under Section 11 & 12 respectively and constitution of Market Committee therefor; (ii) classification of Market Committee based on annual output & income and infrastructure under Section 17 (4): (iii) procedure for constitution of the first Market Committee and subsequent Market Committee including qualifications of representatives under Section 20 (1); (iv) election for Chairperson, Vice-Chairperson, agriculturist Members and other Members of the Market Committee and reservation of seatstherefor; (v) meeting of Market Committee, leave of Chairperson & Vice-Chairperson, quorum and powers and duties of Market Committee; (vi) appointment of sub-committee and delegation of powers under Section 45; mode of making contract under Section 51 and appointment of Secretary of Market Committee under Section 54: (vii) the periodical inspection of all weights and measures and the weighing and measuring instruments in use in a market yards: ('iii) Powers and functions of the Secretary of Market Committee under Section 55, appointment of Accountant and Staff of Market Committee, their pay, allowances and pension etc. in market yards; (ix) fixation of quantity of sale under clause (I) of Section. 68 (2); (x) the. procedure for recovery of market fees. tine for evasion of market fees and manner for assessment of market fees in default of furnishing return. (xi) procedure for grantirenewal and suspension/cancellation of licence to market functionaries, other than trader, under Section 75; (xii) procedure for grant/renewal and suspension/cancellationof unified single trading licence under Sections 76 & 77
   1. (xlii)procedure for allowing unified single trading licence for inter-stale trade under Section 76 and its blacklisting; 15, May, 2020 The Nagaland Gazette, Part- V (xiv) procedure for grant/renewal of licences to set up private market yard. farmer- consumer market yard. market sub-yard. electronic trading platform and for direct marketing and suspensionfeancel lation thereof; (xv) procedure and condition for registration of wholesale ad-hoc buyers; (xvi) procedure and terms and conditions for declaring warehouse/silos'coId storage or other such structure or space as market sub-yard; (xvii) the provisions for the persons by which and the forms in which copies of documents and entries in the books of the Market Committee may be certified and the charge to be levied for the supply of such copies; (xviii) the trade allowance which may be made or received by any person in any transaction in the notified agricultural produce in a market yard; (xix) manner of dispute settlement between/among the licensees and between/among the licensees and Market Committee; (xx) facilities for the settlement of any dispute between a buyer and seller of notified agricultural produce and livestock or their agents including disputes regarding the quality or weight of the articles, payment in respect of the price of goods sold and the allowances for wrapping. containers, dirt or impurities or deductions for any cause by mediation, arbitration or otherwise; (xxi) the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the Market Committee, and the grant of sanction to such plans and estimates; (xxii) the form in which the accounts of a Market Committee shall be kept. the audit and publication of such audit and the inspection of audit memoranda of the account and supply of such memoranda; (xxiii) the preparation and submission for sanction of the annual budget and the report and returns to be furnished by a Market Committee and issues related to maintenance of accounts of Board under Section 109 (2) (v); (xxiv) the time during which and the manner in which a trader or commission agent shall furnish such returns to a Market Committee as may be required by it: (XXV) procedure for setting up of assaying labs including in private sector and promotion of quality certification system. Constitution of committee with technical member of Directorate of Marketing & Inspection to promote quality certification system: (xxvi) provide necessary infrastructure and logistic support for c-trading platform; (xxvii) the keeping of records of arrivals and prices of agricultural produce by Market Committee and other licensees; The Nagaland Gazette, Part-V 15, May, 2020 (xxviii) the manner in which auctions of agricultural produce including c-auction shall be conducted and bids made and accepted; (xxix) the recovery and disposal of fees liveable by or under this Act; (xxx) compounding of offences and fixing compensation thereof under thisAct or Rules or Bye-laws made thereunder; xxxL) manner of constitution of State Agricultural Marketing Services; (xxxii) recruitment, qualification appointment, promotion. scale of pay, leave, leave allowance, acting allowance, loans, pension, gratuity, annuity, compassionate Fund, dismissal, removal, conduct, departmental punishment, appeals and other service conditions of the members of the Stale Agricultural Marketing service; (xxxiii) limits of honorarium, travelling allowance, sitting fees and any other payments payable to the Chairperson. Vice-Chairperson and Members for attending the meetings, etc.: (xxxiv) manner of investment of surplus in the Market Committee Fund; (xxxv) manner and terms & conditions of contribution by licensee of private market yard. market sub-yard, electronic trading platform and direct marketing to Marketing Development Fund and expenditure thereof: (xxxvi) procedure for framing of Bye-Laws. their amendments or cancellation and for their previous and final publication: (xxxvii) term of the office of the Chairperson. Vice-Chairperson and members of the Board: (xxxviii) the powers to be exercised by the Chairperson and Vice-Chairperson and the Chief Executive of the Board: (xxxix) all matters required to be prescribed by Rules under this Act: (xl) mode of service of notice under this Act: (xli) generally for the guidance of Market Committee. (3) in makingany Rule, the Government may direct that breach thereof shall be punishable with fine which may extend to two thousand rupees (4)