Section 11 of The Uttar Pradesh Krishi Utpadan Mandi (Sanshodhan) Adhiniyam, 2018 — Insertion of new sections 33-C, 33-D, 33-E and 33-F

After section 33-B of the principal Act the following sections shall be inserted, namely :- "33-C. (1) Any person who, desires to establish private market yard under section 7-D shall apply to the Director, Agricultural Marketing or the Officer authorized by him for grant or renewal of license, as the case may be, in such form and in such manner; and also for such period but not less than three years, as may be prescribed. (2) An application for grant or renewal of license, as the case may be, for private market yard, shall be accompanied with such reasonable license fee and security/ bank guarantee, as may be prescribed. (3) An Application received under sub-section (1) for grant or renewal of license may be accepted or rejected for the reasons recorded in writing by the Licensing Authority : Provided that the application received under this section shall be liable to be rejected on the condition(s),- (a) that, the applicant is a minor not under custodian or not bona fide; (b) that, the applicant has been declared defaulter under the Act and Rules and Bye-laws made there under; (c) that, any dues relating to Market Committee and/or Board and/or department/directorate of agricultural marketing are outstanding against the applicant; (d) that, the concerned authority is satisfied that the applicant does not possess the infrastructure credentials, experience or adequate capital for investment or any other requirements as may be prescribed for establishment of a private market yard ; and/ or (e) for any other reasons, as may be prescribed. (4) The license granted or renewed under this section shall be subject to such terms and conditions, as may be prescribed; and the licensee shall be bound to follow the terms and conditions of the license as prescribed. The licensee shall also follow the provisions of this Act and Rules made thereunder. 33-D.(1) Subject to the provisions of section 33-C, the Licensing Authority, as the case may be, may suspend or for the reasons to be communicated to the license holder in writing and giving reasonable opportunity of hearing, cancel the license, if; (a) the license has been obtained through willful misrepresentation or fraud; and/or (b) the holder of license or its representative or anyone acting on his behalf with his expressed or implied permission, commits a breach of any of the Rules, regulations and terms or conditions of license; and/or (c) the holder of license himself or in combination with other license holder commits any act or abstains from carrying on his normal business in the market area with the intention of willfully obstructing, suspending or stopping the marketing of notified agricultural produce; and/ or (d) the holder of the license has become insolvent; and/or (e) the holder of the license incurs any disqualification, as may be prescribed; and/or (f) the holder of the license is convicted of any offence under this Act. (2) No license shall be cancelled under this section without giving a reasonable opportunity of being heard to its holder. (3) Subject to the provisions of section 33-D, the Licensing Authority shall communicate to the license holder by speaking order to cancel its license granted or renewal under section 33-C : Provided that any person aggrieved by an order of the licensing authority may prefer an appeal to the State Government in such manner as may be prescribed. 33-E. (1) Any person, including a Farmers' Cooperative, Farmers Producer Organisation (FPO) and Processor/ Exporter, under section 7-B, desires to purchase agricultural produce directly from farmers outside the principal market yard, sub- market yard, market sub-yard, private market yard, shall apply to the Director, Agricultural Marketing for grant or renewal of license, as the case may be, in such form and in such manner; and also for such period , as may be prescribed. (2) An application for direct marketing shall accompany such reasonable license fee and security/ bank guarantee, as may be prescribed. (3) The application received under Section 33-E for grant or renewal of license may be accepted or rejected in the cause and manner mutatis mutandis to Section 33-C (3). (4) A direct marketing license granted or renewed under this Section shall be subject to such terms and conditions, as may be prescribed; and the licensee shall be bound to follow the terms and conditions of the license as prescribed. The licensee shall also follow the provisions of this Act and Rules made thereunder. 33-F. Subject to the provisions of section 7-B, the Licensing Authority, who has issued the license, may suspend or cancel the license granted/ renewed under section 33-E in the cause and manner mutatis mutandis to section 33-D : Provided that any person aggrieved by an order of the licensing authority may prefer an appeal to the State Government in such manner as may be prescribed."