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THE ASSAM AGRICULTURAL PRODUCE MARKETING (REGULATION & DEVELOPMENT) ACT, 2012'.
SUBTITLE
NEW
SECTION
Preamble
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
An act to provide for better regulation of buying and selling of agricultural
An Act to provide for improved regulation in marketing of
Adopted from 'Model
produceand the establishment of market for agricultural produce in the state agricultural produce, development of efficient marketing
Act'.
of Assam and for matters connected therewith.
system, promotion of agri-processing and agricultural export
and the establishment and administration of markets for
agricultural produce in the State of ......... and whereas, it is
expedient to put in place an effective infrastructure for
marketing of agricultural produce and lay down procedures
and svstems thereto.
An Act to provide for improved regulation in marketing of agricultural produce, development of
efficient marketing system, promotion of agri-processing and agricultural export and
establishment & administration of markets for Agrucultural produce in the state of Assam and
wheras it is expedent to put in place an effective infrastucture for marketing of Agricultural
produce and lay down procedures and systems thereto.
Whereas it expedient to provide for better regulation of buying and selling of Be it enacted by the .... . . ... .. .. State Legislature in the fifty
agricultural produce in the State of Assam and establishment of regulated
third year of the Republic of India as follows :markets for agricultural produce; And whereas the previous sanction of the
President of India under the provision of Article 302(b) of the Constitution of
India has been obtained for the introduction of the Bill in the Legislative
Assembly;
It is hereby enacted in the Twenty-third year of Republic of India as follows:-
CHAPTER - I
Preliminary
Short Title, 1(1)
extent and
commence
ment
This Act may be called as "The Assam Agricultural produce Marketing (Regulation & Development) 1(1)
Act, 2012.
1(2)
It shall extend to such areas of the state of Assam as may be notified by the State Government
from time to time in the Official Gazette.
1(2)
1(3)
It shall come into force on such date as the State Government may, by notification in the Official
Gazette, appoint
1(3)
This Act may be called as 'The Assam Agricultural Produce Market Act, 1972'. This Act may be called "The State Agricultural Produce
Adopted from 'Model
Marketing (Development and Regulation) Act, 2003 [section 1 Act'.
(1)]
It extends to the whole of …….. (State) [Section 1 (2)]
Adopted from existing
provision
as proposed
It shall come into force on such date as the State Government Adopted from existing
may, by notification, appoint. [Section 1 (3)]
provision
Definations 2(1)
In this Act, unless there is anything repugnant in the subject or context .
2(1)
(i) "Agricultural Produce" means al all produce and commodities, wherin processed or unprocessed
of Agriculture, horticulture, apiculture,sericulture,livestock fleeces(raw wool) and skin of animals,
forest produce etc.as are specified in the schedule or declared by the Government by notification
from time to time and also includes a mixture of two or more than two such products.
(i) In this Act, unless there is anything repugnant in the subject or context .
(i) "Agricultural Produce" means al all produce and commodities, wherin
processed or unprocessed of Agriculture, horticulture, Animal Husbandry,
Pisciculture,Sericulture and Forest as specified in the Schedule.
"Agricultural Produce" means all produce and commodities, Adopted from 'Model
whether processed or unprocessed, of agriculture,
Act'.
horticulture, apiculture, sericulture, livestock and products of
livestock, fleeces (raw wool) and skins of animals, forest
produce etc. as are specified in the schedule or declared by
the Government by notification from time to time and also
includes a mixture of two or more than two such products.
[Section 2 (111)]
2(ii)
"Agriculturist" means a person who ordinarily by himself or who ordinarily by himself or who by his 2(ii)
tenants or hired labourers or otherwise is engaged in the production of agricultural produce but
does not include a dealer or broker in agricultural produce although such a dealer or broker may
also be engaged in the production or growth of agricultural produce;
(ii) "Agriculturist" means a person who ordinarily by himself or who ordinarily
by himself or who by his tenants or hired labourers or otherwise is engaged
in the production of agricultural produce but does not include a dealer or
broker in agricultural produce although such a dealer or broker may also be
engaged in the production or growth of agricultural produce;
"Agriculturist" means a person who is a resident of the
Adopted from existing
notified area of the market and who is engaged in production provision
of agricultural produce by himself or by hired labour or
otherwise, but does not include any market functionary. If a
question arises whether any person is an agriculturist or not
for the purpose of this Act, the decision of the Collector of the
District in which such person is engaged in the production or
growth of agricultural produce shall be final. [Section 2 (2)]
2(iii)
"Assam State Agricultural Marketing Board Fund" or "Board Fund" means the Assam State
Agricultural Marketing Board Fund established under section 17 of this Act.
(XL) "Marketing Board Fund" means the Assam State Agricultural Marketing
Board Fund established under section 3B of this Act.
No Provision
Page 1 of 68
Adopted from existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
(iii) "Board" means the State Agricultural Marketing Board constituted under "Board" means the State Agricultural Marketing Board,
section 3
established under provision Section 60 of this Act. [Section 2
(4)]
Adopted from existing
provision
"Broker" means an agent, whose ordinary course of business is to negotiate and make contracts
for the purchase or sale of agricultural produce on behalf of his principal and who is remunerated
by commission, but does not indulge the servant of such principalwhether engaged in negotiating
or making such contracts
(v)"Broker" means an agent, whose ordinary course of business is to
No Provision
negotiate and make contracts for the purchase or sale of agricultural produce
on behalf of his principal and who is remunerated by commission, but does
not indulge the servant of such principalwhether engaged in negotiating or
making such contracts
Adopted from existing
provision
2(vi)
"Buyer" means a person, a firm, a company or cooperative society or Government Agency or
corporation, commission agent who himself or on behalf of any other person or agent buys or
agrees to buy agricultural produce in the market area as notified under this Act for resale.
Not Available
"Buyer" means a person, a firm, a company or cooperative
society or Government agency, public undertaking/public
agency or corporation, commission agent, who himself or on
behalf of any other person or agent buys or agrees to buy
agricultural produce in the market area as notified under this
Act. [Section 2 (6)]
Adopted from Rule
2(2) of Assam
Agricultural produce
Market (General)
Rule, 1975
2(vii)
"Bye - laws", means bye-laws made under section 105
"Bye - laws", means bye-laws made under section 50
"Bye-laws" means the bye-laws made by the Market
Committee under this Act & Rules. [Section 2 (7)]
Adopted from existing
provision
2(viii)
"Certificate Officer" means the Officer so defined in the Bengal Public Demands Recovery Act,
2(vii)
1913
"Commission Agent" means a person who on behalf of the principal trader and in consideration of 2(viii)
a commission or percentage on the amount involved in transaction buys agricultural produce and
makes payment, keeps it in his custody and delivers it to the principal trader in due course or who
receives and takes in his custody and delivers it to the principal trader in due course or who
receives and takes in his custody agricultural produce sent for salewithin the market area, sells the
same in the market area and collects payment thereof from the buyer and remits the sale
proceeds to his principal trader'.
"Certificate Officer" means the Officer so defined in the Bengal Public
Demands Recovery Act, 1913
"Commission Agent" means a person who on behalf of another person and
in consideration of commission makes or offers to make purchase or sale of
agricultural produce or does or offers to do anything necessary for
completion and carrying out such purchase or sale'.
No Provision
Adopted from existing
provision
Adopted from Model
Act
2(x)
"Commissioner" means Divisional Commissioner as notified by the Government of Assam
Not Available
No Provision
2(xi)
"Contract Farming" means a farming by a person or a group of persons, called Contract Farming
Producer under a written agreement with another person called Contract Farming Sponsor to the
effect that his farm produce shall be purchased as specified in the agreement; Explanation:
"Contract Farming Producer" means an individual agriculturist or association of agriculturists, by
whatever name called, registered under any law for the time being in force.
(XLI) "Contract Farming" means a farming by a person or a group of persons,
called Contract Farming Producer under a written agreement with another
person called, Contract Farming Sponsor to the effect that his farm produce
shall be purchased as specified in the agreement;
Explanation:"Contract Farming
Producer" means an individual
agriculturist or association of agriculturists, by whatever name called,
registered under any law for the time being
"Contract Farming" means farming by a person called'
Adopted from existing
"Contract Farming Producer" under a written agreement with provision
another person called "Contract Farming Sponsor" to the
effect that his farm produce shall be purchased as specified in
the agreement.
Explanation: 'Contract Farming
Producer' means individual agriculturist or association of
agriculturists by whatever name called registered under any
law for the time being inforce. In North Eastern States where
the ownership or control over the agricultural lands lies with
village anchavats or similar bodies legally recognized, such
body will be treated as 'Contract Farming Producer'. [section
2 (11)]
2(xii)
"Contract Farming Agreement" means the agreement made for contract farming between
Contract farming Sponsor and Contract farming Producer.
"Contract Farming Agreement" means the agreement made for contract
farming between Contract farming Sponsor and Contract farming Producer.
"Contract Farming Agreement" means the agreement made
for contract farming between Contract Farming Sponsor and
Contract Farming Producer.[Section 2 (12)]
Adopted from existing
provision
"Cooperative Bank"
No Provision
No provision
2(iv)
"Board" means the State Agricultural Marketing Board constituted under section 3
2(v)
2(ix)
No Provision
2(iii)
2(vi)
(XLII)
Page 2 of 68
"Commission Agent" means a person who on behalf of his
principal trader and in consideration of a commission or
percentage on the amount involved in such transaction buys
agricultural produce and makes payment, keeps it in his
custody and delivers it to the principal trader in due course or
who receives and takes in his custody agricultural produce
sent for sale within the market area or from outside the
market area, sells the same in the market area and collects
payment thereof from the buyer and remits the sale proceeds
to his principal trader. [Section 2 (10)]
New Provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
2(xiii)
"Cooperative Marketing Society" means a Cooperative Society registered under the Assam
Cooperative Society Act, 1949 which has its principal object the promotion of the sale of
agricultural produce grown, reared or produced by its members as such or equivalent therto by
the State Government
(x)
"Cooperative Marketing Society" means a Cooperative Society registered
No Provision
under the Assam Cooperative Society Act, 1949 which has its principal object
the promotion of the sale of agricultural produce grown, reared or produced
by its members as such or equivalent therto by the State Government
2(xiv)
"Director of Agricultural Marketing" means the Chief Executive of Directorate of Agricultural
Marketing appointed by the state Government by a notification as Director of Agricultural
Marketing to discharge all or any of the functions under this Act;
(xi)
"Director" means an officer, not below the rank of Additional Secretary to the
Government of Assam, having sufficient experience in the administration of
the state, appointed by the state Government by notification in the Official
Gazette, as Director to discharge all or any of the functions of the Director
under the Act and includes any officer empowered by the state Government
by notification to exercise and perform all or any of the functions of the
Director under the Act.
"Director" means the person appointed, by the State
Revised existing
Government by notification, as Director of Agricultural
provision
Marketing ad includes any officer or officers empowered by
the State Government by notification, to exercise or perform
such of the powers or functions of the Director under the
provisions of this Act or the Rules or the bye-laws made there
under as may be specified in such notification. [Section 2
(13)1
2(xv)
"Deputy Commissioner" means the Principal revenue officer of the District;
(LII)
"Deputy Commissioner" means the Principal revenue officer of the District;
No Provision
2(xvi)
"District Council" means a District Council constituted under paragraph 2 of the Sixth Schedule to
the Constitution of India;
"Faria" means a petty dealer and also includes an agent who in consideration of commission
offers his services to purchase or sell agricultural produce.
(xii)
"District Council" means a District Council constituted under paragraph 2 of
the Sixth Schedule to the Constitution of India;
No Provision in the Act but found in Rules
No Provision
2(xviii)
"Gaon Panchayat" means a Panchayat established under the provision of the Assam Panchayat
Act, 1994;
2(xix)
Adopted from existing
provision
No Provision
Adopted from existing
provision
Adopted from existing
provision
Adopted from Rule
2(6) of Assam
Agricultural produce
Market (General)
Rule, 1975
(i)
"Gaon Panchayat" means a Panchayat established under the provision of the No Provision
Assam Panchayat Act, 1994;
Adopted from existing
provision
"Hamal" means a labour or coolie engaged for loading , unloading, filling, stitching, emptying or
carrying any agricultural produce in the notified market area;
(XLIII)
"Hamal" means a labour or coolie engaged for loading , unloading, filling,
stitching, emptying or carrying any agricultural produce in the notified
market area;
2(XX)
"License" means - license granted granted under this act
(xiv)
2(xxi)
"Licensee" means a person or association, firm or company granted a license under this Act
(xv)
"Licensee" means a person or association, firm or company granted a license "Licensee" means a person or association, firm,company,
under this Act
public sector undertaking or society holding a license issued
under this Act. Section 2(22)
2(xxii)
"Local Authority" means a Corporation, a Municipal Board or a Town Committee, a Zila Parishad,
Anchalik Panchayat or a Goan Panchayat
(xv)
"Local Authority" means a Corporation, a Municipal Board or a Town
Committee, a Zila Parishad or a Goan Panchayat
"Local authority" means for the purpose of representation on Revised existing
the Market Committee in relation to an area within the local provision
units of (i) in any Municipal area, the Municipal Corporation,
the Municipal Council, the Cantonment Board, the Sanitary
Board, the Town Board, Town Improvement Trust or the
notified committee or Local authority for the area
(ii) In any rural area, the ZilaParishad, the Village Panchayat,
or PanchayatSamiti, TalukaPanchayat or the Nagar
Panchayat, or Gaon/Gram Panchayat, Mokhuma-Parishad or
any other named
[Section 2(23)]
2(xxiii)
"Market" means a regulated market established under this act for the market area and includes a (xvi)
market proper, a market yard and a sub-market yard or yards, if any
"Market" means a regulated market established under this act for the
market area and includes a market proper, a market yard and a sub-market
yard or yards, if any
"Market" means a market established under section 4 which Adopted from existing
includes market area, market yard/sub yards and Market
provision
Committee. [section 2 (25)]
2(xvii)
Hamal" means a labourer, hamal or is Adopted from existing Adopted from existing
coolie engaged for Dara-making, loading, I provision
provision
unloading, filling, stitching, emptying or carrying any
agricultural produce in the notified market area. [Section 2
(21)]
"Licence" means- licence granted under this Act. [Section
2(21)]
Page 3 of 68
Adopted from Model
Act
Adopted from existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
2(xxii)
"Market area" means any area declared to be a market area under section 26;
(xvii)
"Market area" means any area declared to be a market area under Section 5; "Market Area" means area notified under section 4 of this
Act. [Section 2 (26)]
2(xxiv)
"Market Committee" means a committee established under section 37'.
(xviii)
"Market Committee" means a committee established under section 7'.
"Market Committee'; means the Agricultural produce Market Adopted from existing
Committee established under this Act [Section 2(28)]
provision
2(xxv)
"Market proper" means any area including all lands with the building and structures thereon
within such distance of the market yard or sub-market yard as the State Government may, by
notification in the Official Gazette declare it to be a market proper;
(xix)
Inclusion of the term - 'market yard'
No Provision
2(xxvi)
"Market Year" means the financial year adopted and followed by the State Government
"Market Year" means the financial year adopted and followed by the State
Government
"Year" means the year as may be notified by the Government Adopted from existing
from time to time [Section 2(50)]
provision
2(xxvii)
"Marketing includes Agricultural Marketing" means all activities involved in the flow of
agricultural produce from the produce from the production points commencing from stage of
harvest till these reach the ultimate customers viz. grading, standardization, processing
transport, channels of distribution and for all other functions involved in the process.
Not Available
"Marketing" means all activities involved in the flow of
agricultural produce for the production points commencing
from the stage of harvest till these reach the ultimate
consumers viz. grading, . processing, storage, transport,
channels of distribution and all other functions involved in
the process. Section 2(31)
2(xxviii)
"Market Functionary" means a trader, a commission agent, buyer, hamal, processor, a stockist, a
transporter and any other such person as may be declared under the Rules or Bye laws, to be a
market functionary.
(L)
"Market Functionary" means a trader, a commission agent, buyer, hamal,
processor, a stockist, a transporter and any other such person as may be
declared under the Rules or Bye laws, to be a market functionary.
"Market Functionary" means a trader; a commission agent, Adopted from existing
buyer, hamal, processor, a stockiest, a trader and such other provision
person as may be declared under the rules or bve-Iaws to be
a market declared, under th.e rules or bye-laws, I functionary.
to be market functionary; [Section 2 (29)]
2(xxix)
"Market Yard" and "Sub-Market Yard" means an enclosure, building or locality declared to be a
Market Yard and Sub Market yard under Section 30 in the Official Gazette of the State
Government;
(xxvi)
"Principal Market Yard" and "Sub Market Yard" means an enclosure, building "Market Yard" in relation to a market area means a specified Revised existing
or locality declared to be a Market Yard and Sub Market yard under Section 6 place and includes any enclosures, buildings or locality
provision
declared as such in any market area by the State Government
in the Official Gazette of the State Government;
or the Director or the Managing Director by notification
Section 2(30)
2(xxx)
(xxi)
(xxiii)
"Measurer" means a person whose business is to measure consignments of
agricultural produce for Sale
"Notification" means a notification published in the Official gazette
No Provision
2(xxxi)
"Measurer" means a person whose business is to measure consignments of agricultural produce
for Sale
"Notification" means a notification published in the Official gazette
2(xxxii)
"Prescribed" means prescribed by Rules made under this Act
(xxv)
"Prescribed" means prescribed by Rules made under this Act
"Prescribed" means prescribed by Rules made under this
Act[Section 2(34)]
2(xxxiii)
"Private Market Yard" means such place other than the market yard/sub market yard in the
(VLIV)
market area where infrastructure has been developed and managed and managed by a person or
a group of persons or a body corporate other than the Market Committee, for marketing of
specified agricultural produce holding a registration for the purposes of this Act
"Private Market Yard" means such place other than the market yard/sub
No Provision
market yard in the market area where infrastructure has been developed and
managed and managed by a person or a group of persons or a body
corporate other than the Market Committee, for marketing of specified
agricultural produce holding a registration for the purposes of this Act
Adopted from existing
provision
2(xxxiv)
"Producer" means a person who produces specified agricultural produce on one's own account:
(xxvii)
(a) by one's own labour; or
(b) by the labour of any member on one's family; or
(c) under the personal supervision of oneself or any member of one's family or bv servants on
wages pavable in cash or kind but not in share or produce; or
(d) by his tenants; and
(e) enrolled in the producer register of the concerned commodity in government department.
Explanation: For the purpose of this clause, a producer's society/ grower's society shall be deemed
to be a producer
"Progressive Producer" means a producer who in the opinion of the Director No Provision
of Agriculture, Assam carries on agricultural production on improved method.
New
Provision(Adopted
from Karnataka Act)
Page 4 of 68
No Provision
Adopted from existing
provision
Revised existing
provision
New
Provision(Adopted
from Model Act)
Adopted from existing
provision
Adopted from existing
provision
Adopted from existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
"Proprietor" means the owner of of a market and includes any person who is in actual charge and
or in direct control of the market whether such person is the owner of the market or is the lessee
thereof or is acting on behalf on behalf of such owner or lessee.
"Processing" means any one or more of a series of treatment relating to powdering, crushing,
decorticating,de husking, parboiling, polishing, gining, pressing, curing or any other manual,
mechanical, chemical or physical treatment to which raw agricultural produce or its product is
subjected to,
(xxvii)
as same as proposed act
No Provision
(XLV)
"Processing" means any one or more of a series of treatment relating to
powdering, crushing, decorticating,de husking, parboiling, polishing, gining,
pressing, curing or any other manual, mechanical, chemical or physical
treatment to which raw agricultural produce or its product is subjected to,
"Processing" means anyone or more of a series of
Adopted from existing
treatments relating to powdering, crushing, decorticating, provision
Dehusking, parboiling, polishing, ginning, pressing, curing or
any other manual, mechanical, chemical or physical
treatment to which raw agricultural produce or its product is
subjected to. [Section 2(36)]
2(xxxvi)
"Processor" means a person or a group of persons who undertakes processing of any specified
agricultural produce on his own account or on payment of a charge;
(XLVI)
"Processor" means a person or a group of persons who undertakes
processing of any specified agricultural produce on his own account or on
payment of a charge;
"Processor" means a person who undertakes processing of
any notified agricultural produce on his own accord or on
payment of a charge. [Section 2(37)]
Adopted from existing
provision
2(xxxvii)
"Registrar" means th Regisatrar of Cooperative Societies, Assam
(xxiv)
"Registrar" means th Regisatrar of Cooperative Societies, Assam
No Provision
Adopted from existing
provision
2(xxxviii)
"Registration" means registration made under this Act
(XLVII)
"Registration" means registration made under this Act
Registration" means registration done under this Act[Section Adopted from existing
2(38)]
provision
2(xxxix)
"Regulation" means regulation made by the Board/Director of Agricultural Marketing in
accordance with the provision if this Act
2(xxxx)
"Retail Sale" means a sale of any agricultural produce not exceeding such quantity as may be by
Bye-laws or Rules be fixed in respect or such agricultural produce;
(xxx)
2(xIi)
"Rules" means rules a schedule to this Act
2(xIii)
2(xxxv)
2(xxxv)
Adopted from existing
provision
"Regulation" means regulation made by Adopted from
Model Act the Board/Director, in accordance with the
provisions of this Act [Section 2 (39)]
Adopted from Model
Act
"Retail Sale" means a sale of any agricultural produce not exceeding such
quantity as may be by Bye-laws or Rules be fixed in respect or such
agricultural produce;
"Retail Sale" in relation to a notified agricultural produce
means a sale not exceeding such quantity as the Market
Committee may by bye-laws, determine to be a retail sale in
respect thereof. Section 2(40)
Adopted from existing
provision
(xxxi)
"Rules" means rules a schedule to this Act
"Rules" means rules made under this Act by the State
Government. [Section 2 (41)]
Adopted from existing
provision
"Schedule) means a schedule in this Act
(xxxiii)
"Schedule) means a schedule in this Act
No Provision
Adopted from existing
provision
2(xliii)
"Secretary to the Government" means Senior most Secretary in Agriculture Department
(LIII)
No Provision
Revised existing
provision
2(xIiv)
"Special Market" means a marketnotified as such and includes special commodity market.
"Secretary" with reference to the Government means the official head of
the concerned department in the Government and includes a Principal
Secretary or a Commissioner and
Secretary;
No Provision
"Special Market" means a market notified as such and
includes special commodity market.[Section 2 (44)]
Adopted from Model
Act
2(xIv)
"Specified Agricultural Produce" means any or all the items included in the Schedule to this Act
as same as proposed act
Section 2(32)
Adopted from existing
provision
2 (xIvi)
"Spot Exchange" means an exchange for trading of specified agricultural produce through
electronic media licensed under section 31
2(xIvii)
"State Government" means the State Government of Assam;
2(xIviii)
(xxiv)
New Provision
(Obtained from
Karnataka Act)
Adopted from existing
provision
Adopted from existing
provision
"State Government" means the State Government of Assam;
No Provision
"Surveyor" means. a person whose business is to survey a consignment of agricultural produce for (xxxv)
sale in regard to quality, grade, refraction, adulteration and such other purposes;
"Surveyor" means. a person whose business is to survey a consignment of
agricultural produce for sale in regard to quality, grade, refraction,
adulteration and such other purposes;
No Provision
2(xIix)
Trade" means any kind of transaction of sale and purchase or any kind of remuneration of sale and (xxxvi)
purchase of any agricultural produce and is within the definition of Agricultural Marketing;
"Trade" means any kind of transaction of sale and purchase or any kind of
remuneration of sale and purchase of any agricultural produce;
No Provision
2(xIx)
"Trader" means a person ordinarily engaged in the business of buying and selling of agricultural
produce as a principal or a duly authorized agent of one or more principals and includes a person
ordinarily engaged in the business of processing of agricultural produce;
"Trader" means a person ordinarily engaged in the business of buying and
selling of agricultural produce as a principal or a duly authorized agent of one
or more principals and includes a person ordinarily engaged in the business
of processing of agricultural produce;
"Trader" means a person who in his normal course of
Adopted from existing
business buys or sells any notified agricultural produce, and provision
includes a person engaged in processing of agricultural
produce, but does not include an agriculturist. [Section 2 (46)]
(xxxiii)
(xxxvii)
Page 5 of 68
Revised existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
2 (xIxi)
"Transportation" means taking of agricultural produce by pushcart, bullock cart, truck, any other
type of vehicle or railway wagon in course of business before sale or after sale has taken place in
the market area or outside, for marketing, trading or processing from one place to another
(XLVIII)
"Transportation" means taking of agricultural produce by pushcart, bullock
cart, truck, any other type of vehicle or railway wagon in course of business
before sale or after sale has taken place in the market area or outside, for
marketing, trading or processing from one place to another
"Transportation" means taking agricultural produce by
Adopted from existing
pushcart, bullock cart, truck or other vehicle in course of
provision
business for marketing from one place to another. [Section 2
(47)]
2(xIxii)
"Transporter" means a person who transports or a body of persons who transport agricultural
(XLIX)
produce;
"Warehouse Corporation" means the State Warehousing Corporation established in Assam under (xxxVii)
section 18 of the Warehousing Corporation Act, 1972
"Transporter" means a person who transports or a body of persons who
transport agricultural produce;
"Warehouse Corporation" means the State Warehousing Corporation
established in Assam under section 18 of the Warehousing Corporation Act,
1972
"Weighman" means a person whose business is to weigh a consignment of
agricultural produce for sale
"Transporter" means a person who transports agricultural
produce. Section 2(48)
No Provision
Adopted from existing
provision
Adopted from existing
provision
No Provision
Adopted from existing
provision
2(xIxiii)
2(xlxiv)
"Weighman" means a person whose business is to weigh a consignment of agricultural produce for (xxxix)
sale
2(xIxiVi)
"Value addition" means processing, grading, packaging or other activities due to which value is
added to agricultural produce
2(xIxvii)
·Zilla Parishad" means a Zilla Parishad established under sub-section (1) of section 64 of the Assam (xxii)
Panchayat Act. 1994;
(LI)
2 If a question arises whether a person is or is not a producer or trader for the purpose of this Act. it 1(2)
will be decided in the manner prescribed based on producer and trader register maintained by the
competent authority and the decision of the Director of Agricultural Marketing thereon shall be
final.Explanation: : For the purpose of the Act. the word "person" includes any firm. joint family.
company. association or body of individuals whether incorporated or not.
"Value addition" means processing, grading, packaging or other activities due "Value Addition" means processing, grading, packing or other Adopted from existing
to which value is added to agricultural produce
activities due to which value is added to agricultural'
provision
produce.[Section 2 (49)]
·Zilla Parishad" means a Zilla Parishad established under sub-section (1) of
section 64 of the Assam Panchayat Act. 1994;
No Provision
I If a question arises whether a person is or is not an agriculturist or trader for No Provision
the purpose of this Act. it will be decide in the manner prescribed land the
decision of the State Government thereon shall be final. Explanation: For
the purpose of the Act. the word "person" includes any firm. joint family.
association or body of individuals whether incorporated or not.
Page 6 of 68
Adopted from existing
provision
Revised existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER II
Constitution of The State Marketing Board
Constitution 3(1)
of The State
Agricultural
Marketing
Board
The State Government may for coordinating the activities of Markets and for development,
3(1)
promotion and regulation of agricultural marketing, exercising the powers conferred on and duties
assigned to the Board by or under this Act, establish and constitute a State Agricultural Marketing
Board consisting. of a Chairperson, Vice-Chairperson and 26 (twenty-six) other members to be
nominated by the State Government as follows:
[The State Government may for exercising the powers conferred on and
duties assigned to the Board by or under this Act, establish and constitute a
State Agricultural Marketing Board consisting of a Chairman and 2[17
(seventeen) other members to be nominated by the State Government as
follows:
(a) One Chairperson
(a) One Chairman2
(b) One Vice-Chairperson
(b) Officials of the Government of Assam
(c) Officials of the Government of Assam
i)Director of Agriculture;
(i) Commissioner and Secretary, Finance Department
iii) Director of Panchayat, Assam
(iii) Director of Horticulture and Food Processing
iv) Director of Municipal Administration,Assam
(iv) Director of Veterinary and Animal Husbandry
v) ) Registrar of Co-operative Societies
(v) Director of Fisheries
(vi) Director of Dairy Development
vi) Secretary, Agriculture Department, Assam
3(vii) Representative of the Marketing Advisor, Government of India, posted
at Guwahati
c ) Non-Officials :
(i) One agriculturist member of the Market Committees - to be nominated by
the Chairman of the Board
(ii) One representative from Agricultural Farming Corporations formed under
the Assam Agricultural Farming Corporation Act, 1973
(iii) Two progressive producers - to be nominated by the Chairman of the
Board.
iv) One licensee - to be nominated by the Chairman of the Board
v) ) One from amongst the members of the Co-operative Marketing Societies
represented in the Market Committeej- to be nominated by the Chairman of
the Board.1
(ix) Director of Municipal Administration
(x) Registrar of Co-operative Societies
(xi) Principal Chief Conservator of Forest;
(xii) Commissioner, Guwahati Municipal Corporation
(xiii) Representative of Agricultural Marketing Adviser, GOI
(d) Non-officials :
(i) One producer (agriculture/horticulture sector) member of the Market Committees - to be
nominated by the Board;
Revised existing
provision
Section 61.
Revised existing
provision
ii) Dir. of Veterinary and Animal Husbandry
(ii) Director of Agriculture;
(vii) Director of Sericulture;
(viii) Commissioner of Panchayat & Rural Development
Section 60, 62 & 63.
vi) One trader of Agricultural Produce of
a Market Committee to be nominated
by the Chairman of the Board
vii) 3 (three) Nos. of Chairman from the
(ii) Seven producers from Agriculture,Horticulture, Animal Husbandry,Fishery, Dairy, Sericulture
and Forestry to be selected by the respective Directorates by inviting applications in the news
paper following due procedure;
iii) One from amongst the members of the Co-operative Marketing Societies [represented in the
Market Committee] to be nominated by the Registrar of Co-operative Societies specifying the
criteria on best performance;
iv) One trader of agricultural produceholding valid licence under this Act to be nominated by the
AgriculturalProduce Traders' Association. The Association is to be identified by the Food, Civil
Supply & Consumers' Affairs Department;
Incorporati
on of the
Board
(v) 3 (three) Nos. of Chairperson from the Market Committee to be nominated by the Board
based on performance specifying the criteria.
2 The Board shall be a body corporate by the name of the State Agricultural Marketing Board having
perpetual succession and a common seal, with power subject to the acquire and hold property and
shall by the saidprovisions of this Act, to name sue and be sued [and shall be competent to acquire
and hold lease, or otherwise transfer any property and to enter into any contract and to do all
other things necessary, for the purpose for which it is established.
3 as same as proposed act
Page 7 of 68
SUBTITLE
NEW
SECTION
Term of
Office of
The Board.
PROPOSED ACT
EXISTING
SECTION
4 [The term of office of the Board shall be three I Section 65 years from the
Section 65.
date of its first meeting or till its reconstitution, whichever is earlier: Provided
that any Non-Official member nominated under clause (c) of sub-section (1)
of this section shall cease to be a member of the Board from the date he
ceases to be a member of a Market Committee, representative of
Agricultural Farming Corporation, a Licensee, or a member of the Cooperative Society represented in the Market
3 The term of office of the Board shall be five years from the date of its first meeting. Provided the
first meeting shall be held within fifteen days from the date of notification constituting the new
Board.
18 The headquarters of the Board shall be located at a place to be determined
by the State Government
4 The headquarters of the Board shall be located at Guwahati.
5 The Board shall be deemed to be a Local Authority for this purpose.
Appointme 4(1)
nt of
Chairperson
of the
Board
EXISTING ACT PROVISION
Chairperson of the Board shall be appointed by the Government with the recommendation of a 3(1)
selection Committee. The Committee for this purpose will consist of (i) Chief Minister,Assam; (ii)
the Agriculture Minister, Assam; and (iii) the Chief Secretary to the Government of Assam. The
Agriculture Production Commissioner to the Government of Assam will be the Convenor of the
Committee
Qualificatio
n to be a
Chairperson
of the
Board
6 The Chairperson of the Board shall have the following qualifications and shall be chosen from
persons (a) having minimum educational qualification of graduation from a recognized university;
(b) who is a practicing producer adopting modern technoloav for a minimum of 10 years as
certified by the concerned officer of respective department of AgricultureHorticulture & Food
Processing/ Fishery/ Dairyl Veterinary & Animal Husbandry/ Sericulturel Forest & Environment;
(c) who possess a minimum cultivable land of one hectare; and
(d) not worked as Chairperson of the Board
earlier twice
Disqualificat
ion to be a
Chairperson
of the
Board
7 No person shall be eligible to be appointed as a Chairperson of the Board, if(a) an enquiry into an offence under law for the time being inforce is pending against him or
her or he or she have been convicted to such an offence;
(b) does not ordinarily reside within the State of Assam;
(c) is below forty and above sixty-five years of age;
(d) is of unsound mind; or
(e) has been declared as insolvent or sentenced by a criminal court whether within or outside
the State of Assam for an offence involving moral turpitude.Provided that, if the information
submitted by the Chairperson are found to be incorrect or false, his or her selection/
appointment shall stand cancelled and disqualify for the post in future. Further, Government
will start criminal proceeding against him or her.
Revised existing
provision
Revised existing
provision
New Provision
Revised existing
provision
-3 The decision of the selection committee shall be taken by majority.
5 The Agriculture Production Commissioner of Assam shall be the Vice-Chairperson of the Board
REMARKS / CHANGES
/ INCORPORATION
Revised existing
provision
2 The process of selection for (1) shall be initiated by the State Government in Agriculture
Department within three months of its constitution in the first instanoe and three months prior
to the completion of tenure of the existing Board and shall be concluded within three months.
The Agriculture Department will invite applications in the newspapers (Assamese, Bengali and
English) from the producers having requisite qualifications as contained in section 6
Appointme
nt of Vice Chairperson
of the
Board
MODEL ACT
New Provision
New Provision
3(5)
No person shall be eligible to become a Chairman or member of the Board
who - (a) does not ordinarily reside within the State of Assam(b) is below
twenty-one years of age(c) has been removed under Section 30 of this Act(d)
is of unsound mind; or (e) has been declared as insolvent or sentenced by a
criminal court whetherwithin of outside the State of Assam for ~n offence
involving moral turpitudeProvided that the disqualification under clause 5 (c)
on the ground of a sentence by a criminal courtshall not apply after the
expiry of four years from the date .on which the sentence of such person
expired; Provided further that no person shall be nominated as Chairman of .
the Board consecutively for more than two terms
Page 8 of 68
Revised existing
provision
SUBTITLE
NEW
SECTION
Qualificatio
n to be a
non official
member of
the Board
PROPOSED ACT
8 The Non-official members of the Board shall have the following qualifications and shall be
chosen from persons (a) who is a producer in the market area;
(b) who is a practicing producer adopting modern technology for a minimum period of 5 years;
and
(c) who possess a minimum cultivable land of one hectare
9 No person shall be eligible to be appointed as a member of the Board, if-
Disqualificat
ion to be a
non official
member of
the Board
EXISTING
SECTION
11(1)
REMARKS / CHANGES
/ INCORPORATION
No person shall be eligible to become a Chairman or member of the Board
Section 70
who (a) does not ordinarily reside within the
State of Assam;
(b) is below twenty-one years of age;
(c) has been removed under Section 30 of this Act;
(d) is of unsound mind; or
(e) has been declared as insolvent
or ;
sentenced by a criminal court whether
within of outside the State of Assam
for an offence involving moral,
turpitude;
Provided that the disqualification under clause 5 (c) on the ground of a
sentence by a criminal court ' shall not apply after the expiry of four years
from the date on which the sentence of such person expired; Provided
further that no person shall be nominated as Chairman of the Board
consecutively for more than two terms
A Non-Official member of the Board may resign from membership by
Section 69
tendering his resignation to the State Government through the Chairman of
the Board and the Chairman of the Board may resign by tendering his
resignation to the State Government and such resignation shall be effective
from the date of the acceptance by the State Government
Revised existing
provision
2 The State Government may remove the Chairperson or any non-official member of the Board
who has become subject to any of the disqualifications specified as above in section 7 and 9.
Provided that, before removing the Chairperson or a non-official member, the reasons for the
proposed action shall be conveyed to him or her, and his or her reply duly be considered. The
Government shall take decision in the matter within 60 days from the date of the notice.
The State Government may remove the Chairman or any member of the
Section 65.
Board who has become subject to any of the disqualifications specified in subsection (5):
Provided that before removing the Chairman or a member the reasons for
the proposed action shall be conveyed to him and his reply invited within a
specified period and duly considered.
Revised existing
provision
3 In the event of removal of Chairperson by the State Government under sub-section (2) of
section 10, and also in the event of resignation by the Chairperson under sub- section (1) of
section 10, the Vice-Chairperson shall discharge the duties and function as
Chairperson till a regular Chairperson is appointed by the State Government following due
procedure
No provision
No provision
New Provision
No act or proceeding of the Board shall be Invalid by reason only of the
existence of any vacancy among its members or any defect in the
constitution thereof.
No provision
Section 68
Revised existing
provision
Section 68
New Provision
No provision
Section 68
New Provision
3(5)
(c) is below thirty years of age;
(d) is of unsound mind; and
(e) has been declared as insolvent or sentenced by a criminal court whether within or outside
the State of Assam for an offence involving moral turpitude;
Provided that, if the information submitted by the members are found to be incorrect or false,
his or her selection/ appointment shall stand cancelled and disqualified for any post of the
Board in future. Further, Government will start criminal proceeding against him or her.
Vacancies
of the
Board
MODEL ACT
New Provision
(a) an enquiry into an offence under any law for the time being inforce is pending against him or
her or he or she has been convicted to such an offence;
(b) does not ordinarily reside within the State of Assam;
Resignation 10(1)
and
removal of
Chairperson
and
Non-official
Members of
the
Board
EXISTING ACT PROVISION
The Chairperson or any non-official member may, by notice in writing addressed to the
3(6)
Government in Agriculture Department of the State, through the Chief Executive Officer, resign
from his or her office and such- resignation shall be effective from the date of
acceptance by the State Government. The Government shall examine the resignation and take a
decision within thirty days of the receipt of the resignation notice.
No act or proceedmgs of the Board shall be questioned or shall be invalidated merely on the
ground of existence of any vacancy or defect in the constitution of the Board.
2 In the event of occurrence of vacancy in the Board caused by any reason, a selection shall be
held in accordance with section 4(1) and 7 to fill the vacancy within three months of the vacancy
arising
3 A member so appointed to fill a vacancy shall serve for the remaining of the predecessor's
term. In case of vacancy arises against elected members leaving a period of less than six
months, the vacancy shall not be filled up
3(19)
Page 9 of 68
Revised existing
provision
SUBTITLE
NEW
SECTION
Quorum
12(1)
and
Decision of
the Board
Appointme 13(1)
nt of chief
Executive
Officer and
other
officials of
the board
PROPOSED ACT
One-third members shall constitute a quorum at a meeting of the Board. Provided that, if a
meeting is adjourned for want of quorum, no quorum shall be
necessary at such adjourned meeting.
EXISTING
SECTION
3(15)
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
Four members shall constitute a quorum at a meeting of the Board:
Provided that if a meeting is adjourned for want of quorum, no quorum shall
be necessary at such adjourned meeting.
Revised existing
provision
2 All questions before a meeting of the Board shall
3(16)
shall be determined by a majority of votes of
the members present in the voting and in case of equality of votes; , the Chairman may exercise
a
may exercise a casting vote.
TheState Government shall nominate an IAS Officer of the State Government not below the
3(2)
rank of Joint Secretary having sufficient experiencein the affairs of the State, to be the Chief
Executive Officer of the Board who shall be selected by the Committee constituted for selection
of Chairperson under section 4 (1)The Chief Executive Officer shall be the Ex- Officio MemberSecretary of the Board and shall hold office for a minimum period of three years under such
terms and conditions as may be fixed by the State from time to time.
as same as proposed act
Revised existing
provision
The State Government shall nominate a Senior Officer of the State
Section 64(1),(2),(3) & (4)
Government having sufficient experience in the affairs of the State, to be the
Chief Executive Officer of the Board who shall be selected by a Committee to
be constituted by the State Government for this purpose. The Chief
Executive Officer shall be the Ex-Officio Member- Secretary of the Board who
shall enjoy the status of a Joint Secretary to the Government of Assam and
shall hold office for such term and under such terms and conditions as mav
be fixed bv the as may be fixed by the State from time to time.
Revised existing
provision
2 The Board shall appoint a Joint Chief Executive Officer from the senior most officers of the
Board who has sufficient experience in the field of agriculturalmarketing including enforcement
of this Act as Secretary to the Market Committee and worked as Deputy Chief Executive Officer
of the Board and other terms including training on agricultural marketing conducted by
Directorate of Marketing & Inspection,
Government of India and as prescribed by State Government or Director of Agricultural
Marketing, Assam as determined from time to time. The Board shall constitute a Selection
Committee for this purpose as prescribed.
No provision
No provision
New Provision
3 There shall be a separate cadre of Secretary to
the Market Committee with the basic
qualification of graduation in Agriculture!
Horticulture! Fishery/ Dairy/ Forestry science.
Due preference may be accorded for additional qualification in management with a direct
recruitment and promotional induction in the ratio of 50:50.
4 (a)Subject to the provisions of this Act, and the Rules and the Bye-laws made there under, the
Board may employ such persons for the performance of functions of the Board under this Act,
and may give them such remuneration with due consideration to theAssam ,Pay Commission
reports as applicable to the officers and employees of Directorate of Agriculture, Assam,
constituted by the Government from time to time and on the performance of functions of the
Board and may suspend, remove, dismiss or otherwise punish any person so employed; Provided
that, no new post in any category shall be created by the Board without obtaining prior approval
of the State Government and the numbers of existina posts cateaorv-wise alread created by the
Board since its inception and before coming into force of the
Assam Agricultural Produce Market (Amendment) Act, 2000shall be submitted by the Board for
obtaining ex- post-facto concurrence of the State Government in this regard within one month
from the date of coming into force of the Assam Agricultural Produce Market (Amendment) Act,
2000 and no person shall be employed by the Board in any capacity and in any manner whether
on fixed payor on ad-hoc basis or otherwise if the creation of such post has not been
The Board may, with the approval of the State Government and without any prejudice to the
generality rule making power of the State Government under section 105 of the Act, make byelaws
No provision
No provision
New Provision
12 (a) Subject to the provisions of this Act, and the rules and the bye-laws made No provision
there under the Board may employ such persons for the
performance of the functions of the Board.Provided that until a Pool of
Officers is created by
the Board, the Director may permit employment of other persons to the
posts notified under sub- section (1) ourelv on ternoorarv basis
under this Act, and may give them such
remuneration as it may think fit and may suspend, remove, dismiss
otherwise punish
any person so employed:
Provided that, no new post in any category
shall be created by the Board without obtaining prior approval of the State
Government and the numbers of existing posts category-wise already
created by the Board since its inception and before coming into force of the
Assam Agricultural Produce Market (Amendment) Act, 2000 shall be
submitted by the Board for obtaining ex-post- facto concurrence of the State
Government in this regard within one month from the dateof coming into
force of the Assam Agricultural Produce Market (Amendment) Act, 2000 and
no person shall be employed by the Board in any capacity and in any manner
whether on fixed payor on adhocbasis or otherwise if the creation of such
post has not been concurred by the State Government as provided under this
section.
Provided further that the Board may, with the
approval of the State Government and without any prejudice to the
[generality] rulemaking power of the State Government making power of the
State Government under section 49 of the Act make bye-laws under sub-
Page 10 of 68
Revised existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
Powers and 15(1)
Functions of
the Board
14 The Board for efficient functioning of the organization in the interest of regulation and
development of agricultural ing of the State shall create (i) Planning and Research Cell;
(ii) Market Infrastructure Development Cell;
(iii) Marketing Regulation and Enforcement
Cell;
(iv) Grading and Standardisation and Quality
Control Cell;
(v) Market ,Information, Research and
Extension Cell;
(vi) Human Resource Development and
Management
(vii) Engineering Cell;
(viii) Finance and Accounts Cell; and
(ix) Internal Audit Cell;
(x) Legal cell.
The Board shall subject to the provisions of this Act, perform the following function and do
such things as may be necessary or expedient
for carrying out these functions, namely:
(i) the Board shall exercise superintendence
and control over the Market Committees in
the manner prescribed;
(ii) to establish standards of agricultural
produce marketing and market
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
State Government under section 49 of the Act, make bye-laws under subsection (14) of section 3 regulating the employment and conditions of service
in respect of any or all categories of officers and employees of the [Board
and] Market Committees and such bye-laws shall, as nearly as. may be,
consistent with the corresponding rules in respect of the Officers and
employees of the corresponding grade of the State Government. Any
amendment to such bye-laws once framed shall require approbation of at
least three-fourth of the total number of members of the Board in the
meeting before approval of the Government. [Provided also that the
approval as required under the aforesaid provision, if not received within a
period of ninety days from the date of seeking thereof, shall be deemed to
have been approved on the expiry of the said period]
(b) The Board may constitute Pool of Officers and other Staff common to all
Market Committees and the Board as it may deem fit.
24(1) The Board shall create a pool of officers as soon as may be convenient
for appointment as such staff at the markets as may be notified from time to
time in the official Gazette.24(2) The Board shall make appointment to the
post notified under sub-section (c) from the pool of officers created by the
Board and it shall be obligatory on every Market Committee to employ such
persons. The emoluments and terms and conditions of service of such
officers shall be fixed by the Board. Provided that until a Pool of Officers is
created by the Board, the Director may permit employment of other persons
to the posts notified under sub- section (1) purely on temporary basis
under section 4 of-section 15 regulating the employment and conditions of service in respect of
any or all categories of officers and employees of the Board and Market Committees and such
bye-laws shall, as nearly as may be, consistent with the corresponding rules in respect of the
officers and employees of the corresponding grade of the State Government. Any amendment
to such bye-laws once framed shall require approbation of at least three-fourth of the total
number of members of the Board in the meeting before approval of the Government.
(b)The Board may constitute Pool of Officers and other Staff common to all Market Committees
and the Board as it may deem fit.
(c) The Board
shall. create a Pool of Officers as soon as may be convenient for appointment of such Staff at
the markets as may be notified from time to time in the Official Gazette. (d) The Board shall
make appointment to the post notified under' sub-section (c)' from the pool of Officers created
by the Board and it shall be obligatory on every Market Committee to employ such persons.
The emoluments and terms and conditions of service of such Officers shall be fixed by the Board
as per provision of this Act.
Creation of
Different
Cells
EXISTING ACT PROVISION
No provision
(3A)(1)
The Board shall subject to the provisions of this Act and without prejudice to
the provisions of
section 3 (10), perform the following functions and do such things as may be
necessary or expedient for carrying out these functions, namely :(i) Coordination of the working of the Market
Committees and other affairs thereof
including programmes undertaken by such
Market Committees for the development of
Page 11 of 68
No provision
New Provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
infrastructure standards for the promotion
of aradina and standardization and auality certification of agricultural produce in the
State by setting up of Bureau;
(iii) to undertake the State level planning of
the development of agricultural produce
and markets;
(iv) to facilitate, promote and development of
agricultural produce market
infrastructure in the State including
Public Private Partnership model;
(v) to draft a training policy for the Board's
functionaries and stakeholders i.e. Board
members and Market Committee
members, growers, traders and market
functionaries on modern methods and its
implementation including organizing
seminar, workshop, study visit,
exhibition etc. on agricultural marketing
within 12 months from the date. of
commencement of this Act;
(vi) to undertake marketing extension service
of agricultural produce and allied sectors
including the areas of transfer of
marketing technology, information on
production, sale, storage, processing,
price dissemination etc.;
(vii) to co-ordination of the working of the
Market Committees and other affairs
thereof including programmes
EXISTING
SECTION
EXISTING ACT PROVISION
markets and market areas
(ii) Undertake the State level planning of the
development of Agricultural produce and
Markets;
(iii) Administer the Marketing BoardFund;
(iv) Giving direction to Market Committees in
general or to any Market Committee in
particular with a view to ensure improvement
thereof;
(iv) Any other functions specifically entrusted to the Board under this Act;
(vi) Any other functions that may be entrusted to the Board by the State
Government under
this Act.
The Board shall exercise superintendence and
control over the Market Committees in the manner prescribed.
undertaken by such Market Committees for the. development of. markets and market
areas;
(viii) to giving direction to Market Committees in general or to any Market Committee in
particular with a view to ensure improvement thereof; .
(ix) to administer the Marketing Board's Fund and Agricultural Marketing Development
Fund;
(x) to formulate procurement policy for the Board and Market Comiitittees within 12
months from the date 01 eommencement of this Act and to be revised from time to
time:
(xi) any other tunctions specifically entrusted
(xii) any other functions that may be entrusted to the Board by the State Government
under this act.
Page 12 of 68
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
2 Without prejudice to the generality of the
foregoing provisions of the functions of the
Board shall be (i) to approve proposals for selection of new
site by the Market Committees for
establishment of Market Yard or SubMarket Yard;
(ii) to approve proposal for constructing
infrastructural facilities in the market
area;
(iii) to supervise and guide the Market
Committees in the preparation of plans
and estimates of construction
programmes undertaken by the Market
Committee;
(iv) to execute all works chargeable to the
Board's fund;
(v) to maintain accounts as per Accounting
Standards of Institute-of Chartered
Accounts of India and that of CAG and
get the same audited;
(vi) to execute the works for transfer of
marketing technology and extension
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
Section 73(2)
Revised existing
provision as per
Model Act
The State Government or the Chairperson or the Chief Executive Officer of
No provision
the Board or any other employee of the Board authorized in this behalf by
the Board, may call for any information for return relating to specified
agricultural
commodities from a Market Committee or any other functionaries under or
in relation to such Market Committees and shall have the power to inspect
the records of a Market Committee or such functionaries as the case may be.
Revised existing
providsion
2 Without prejudice to the generality of the foregoing provisions of the
functions of the Board shall be :(i) to approve proposals for selection of new
site by the Market Committees for
establishment of Principal market yard or
sub-market yard;
(ii) to approve proposal for constructing
infrastructural facilities in the Market area;
(iii)to supervise and guide the Market
Committees in the preparation of plans and
estimates of construction programme
undertaken by the Market Committee;
(iv) to execute all works chargeable to the
Board's fund:
(v) to maintain accounts in such forms as may
be formulated and get the same audited;
(vi) to set up separate Marketing Extension
Cell in the Board for transfer of marketing
technology and extension services and
also to make necessary arrangement by
the Board for propaganda and publicity on
matters related to regulated marketing of
an Agricultural Produce;
- services and also to make necessary
arrangement by the Board for
propaganda and publicity on matters
related to regulated marketing of an
agricultural produce;
(vii) to prepare and adopt annual budget for
the ensuing year;
(vii) to prepare and adopt annual budget for
the ensuing year;
(viii) to do such other lawful things as may be
considered necessary for carrying out the
provisions of this Act.
(viii) to publish Annual report, not later than six months of the completion of Financial
year, like that of companies under the Companies Act, 1956 and circulate to Government,
all members of the Board and Market Committees and also in Board's website; (ix) to do
such lawful things as may be considered necessary for carrying out! the provisions of this
Act
(x) management of the property of the Board;
(xi) execution of contracts; (xii) assurances of property on behalf of the Board; and (xiii)
maintenance of accounts and preparation of balance sheet by the Board.
(xiv) to approve the work allotment of its personnel from time to time.
3 The Chief. Executive Officer of the Board or any other employee of the Board authorized in this
.behalf by the Board, may call for any information
for return relating to specified agricultural
commodities from a Market Committee or any
other functionaries under or in relation to such
Market Committees and shall have the power to
inspect the records of a Market Committee or
such functionaries as the case may be.
3(11)
Page 13 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
4 Subject to the rules made under this Act, the Board may, with the approval of the State
Government frame bye-laws for(a) the assignment of duties and powers of the Board to its Chairperson, Chief Executive Officer
or persons employed
(b) regulating the employment and conditions of service in respect of all of the categories of
officers and employees of the Board and the Market Committees; and
(c) such other matters as may be prescribed
Conduct of
business of
the Board
5 The Board shall conduct its meetings and other business as per the Secretarial Standards of the
lnstitute of Company Secretaries of India. There
shall be one Board meeting once in very three
months
Delegation
of Power
6 Subject to the provisions of this Act, the Board may by general or special order delegate to the
Chief Executive Officer or to any other officer of the Board such of the powers and duties under
the Act as it may deem fit.
Power to
raise Fund
7 The Board may with the previous sanction of the State Government raise money required for
carrying out the purposes for which it is
established on the security of any property vested
in it:
Provided that the conditions subject to which such
money or loan shall be raised or obtained and
time within which such money or loan shall be
repayable shall be subject to the previous
sanction of the State Government.
EXISTING
SECTION
3(14)
EXISTING ACT PROVISION
MODEL ACT
Subject to rules made under this Act, the Board may, with the approval of the
State Government frame bye-laws for (a) regulating the transaction of business at its
meeting;
(b) the assignment of duties and powers of the
Board to its Chairman, [Chief Executive
Officerj1 or persons employed by it; and
2(c) regulating the employment and conditions of service in respect of any or
all of the
categories of Officers and employees of the
Board and the Market Committees;
3(d) such other matters as may be prescribed
Revised existing
providsion
No provision
No provision
3G(1)
same as proposed Act
Section 81
3(A)
same as proposed Act
No provision
Page 14 of 68
REMARKS / CHANGES
/ INCORPORATION
New Provision
SUBTITLE
NEW
SECTION
Budget,
16(1)
Accounts
and Audit of
Accounts of
the Board
PROPOSED ACT
Subject to rules made under this Act, an estimate of the annual income and expenditure of the
Board for the ensuing year shall be prepared and passed by the Board and submitted every year
for sanction of the
State Government not later than the prescribed date. The State Government shall sanction and
return the budget within two months from the date of the receipt thereof. The Government shall
examine the budget by the availing the services of an employee of any State Level Public
Enterprise who is the qualified Chartered Accountant or of Institute of Chartered Accountant of
India. If, it is not received by the Board within two months it shall be presumed to have been
sanctioned
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
3(13)
Subject to rules made under this Act, an estimate of the annual income and Section 80(1), (2),(3),(4),(5) & 96) and also Section 73(i) & 9ix) Revised existing
expenditure of the Board for the ensuing year shall be prepared and passed
provision.
by the Board and submitted every year for sanction of the State Government
not later than the prescribed date. The State Government shall sanction and
return the budget within two months from the date of the receipt thereof. If
it is not received within two months it shall be presumed to have been
sanctioned.
2 The Accounts of the Board shall be audited every year by the 'Comptroller and AudilDr
General, Government of India.
3F(1)
The Accounts of the Board shall be audited every year by the Director of
Audit (Local Fund), Assam or in whatever name he may be called or any
officer authorized by him. The Board shall be deemed to be a Local Authority
for this purpose
Revised existing
provision.
3 The Forms of Accounts to be maintained by I the Board for the purpose of Audit shall be
such as may be determined by the Board as
per Auditing Standards of Comptroller and
Auditor General of India and Institute of
Chartered Accountant of India. .
3F(3)
The Forms of Accounts to be maintained by the Board for the purpose of
Audit shall be such as
may be determined by the Board in consultation with the Director of Audit
(Local Fund), Assam
Revised existing
provision.
4 The Board shall make arrangement for internat Audit of its Accounts every year by such officers or 3F(2)
persons as it may deem fit
same as proposed Act
Revised existing
provision.
5 The report of Audit with comments of the Board thereon shall be submitted to State Government
every year along with the Annual Report within six months of the completion of financial year.
3F(4)
The report of Audit with comments of the Board thereon shall be submitted
to State Government every year
The Assam
State
Agricultural
Marketing
Board Fund
17 All moneys received by or on behalf of the Board shall be credited to a fund called "The Assam
State Agricultural Marketing Board Fund". The
existing Fund of the Board before coming into
force of the Assam Agricultural Produce Market
(Amendment) Act, 2000, shall be credited to the
Assam State Agricultural Marketing Board Fund
established under this section, within one month
from the date of coming into force of the Assam
Agricultural Produce Market (Amendment) Act,
2000.
3B
All moneys received by or on behalf of the Board shall be credited to a fund Section 75
called "The Assam State Agricultural Marketing Board Fund". The existing
Fund of the Board before coming into force of the Assam Agricultural
Produce Market (Amendment) Act, 2000, shall be credited to the Assam
State Agricultural Marketing Board Fund
established under this section, within one month from the date of coming
into force of the Assam Agricultural Produce Market (Amendment) Act, 2000.
Drawing
and
Disbursing
Officer of
the Board
and
Payments
incurred by
the Board
18 All payment incurred by the Board shall be defrayed out of the Assam State Agricultural
Marketing Board Fund. The Chief Executive
Officer of the Board shall be the drawing and
disbursing officer subject to this Act and the byelaws framed to that effect.
3C
All payment incurred by the Board shall be defrayed out of the Marketing
Board Fund. The
Chief Executive Officer of the Board shall be the
drawing and disbursing officer subject to this Act
and the bye-laws framed to that effect.
Page 15 of 68
Section 76
Revised Existing
Provision
SUBTITLE
NEW
SECTION
Contributio
n towards
the Board
Utilization 20(1)
of the
Assam State
Agricultural
Marketing
Board Fund
PROPOSED ACT
19 Every Market Committee shall pay to the Board
40% of its annual gross income derived from
license fee and cess as contribution to meet
the expenses of establishment of the Board
and execution of works as may be directed by
the Government from time to time for carrying
out the purposes of this Act and for execution
of other functions assigned to the Board under
this Act including the maintenance of pool of
officers common to Board and Market
Committees. This will be deemed to the Assam
State Agricultural Marketing Board Fund.
The Assam State Agricultural Marketing Board Fund shall be utilized by the Board for discharge
of functions entrusted to the Board under this Act.
2 Without Prejudice to the generality of this provision, to the Assam State Agricultural
Marketing Board Fund may be utilized for the
following purposes, namely :(i) payment of administrative expenditure of the Board;
(ii) payment of travelling and other allowance to the Chairperson and Members of the Board
(iii) payment of legal expenses incurred by the Board;
(iv) Ganting aid to financially weak Market Committees in the form of loan or grant for
development purposes;
(v)training of the Board members, Market Committee members, officers and staff of the Market
Committees and the Board and also of agriculturists/ producers and market functionaries;
(vi)propaganda and publicity on matters relating to marketing of Agricultural produce;
(vii)Imparting education in marketing of agricultural produce;
(viii)Organizing and arranging study visit, workshops, seminars, exhibitors etc., on development of
marketing;
(ix)General improvement of the regulation of marketing in the State;
(x)Providing technical assistance to the Market Committees;
(xi)Market survey and research, grading and standardization, quality certification of agricultural
produce and other allied subjects;
(xii)Acquisition or constructions or hiring by lease or otherwise of buildings or land for performing
the duties of the
Board;
(xiii) Internal audit of the Board and the Market Committees;
(xiv)Development of quality testing and I communication infrastructure relevant to agriculture
and allied sectors; ,
(xv)Development of media, cyber and long distance infrastructure relevant to marketing of
agricultural and allied commodities. (xvii) for any purpose as may be deemed necessary by the
Board for carrying out the purposes of this Act; (xviii) for any purpose as may be directed by the
State Government for carrying out the purposeness of this Act.
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
3D
Every Market Committee shall pay to the 'Board 50% of its annual gross
Section 77
income derived from licence fee and cess as contribution to meet the
expenses of establishment of the Board and execution of works as may be
directed by the Government from time to time for carrying out the purposestlf---this Act and for execution of other functions assigned to the Board under
this Act including the maintenance of pool of officers common to Board and
Market Committee
3E(1)
same as proposed Act
Revised Existing
Provision
Section 79
2 Without Prejudice to the generality of thisprovision to Marketing Board Fund Section 79
may be utilized
for the following purposes, namely :(i) payment of administrative expenditure of
the Board;
(ii) payment of travelling and other allowance to the Chairman and Members
of the Board (iii)payment of legal expenses incurred by
the Board;
(iv)granting aid to financially weak Market
Committees in the form of loan or grant
for development purposes;
(v)training of the officers and staff of the
Market Committees and the Board;
(vi)for any purpose as may be deemed
necessary by the Board for carrying out
the purposes of this Act;
(vii) for any purpose as may be directed by the
State Government for carrying out the
purposes of this Act.
Page 16 of 68
REMARKS / CHANGES
/ INCORPORATION
Adopted from existing
provision and Model
Act
SUBTITLE
NEW
SECTION
Agricultural
Marketing
Developme
nt Fund`
Power and 22(1)
Functions of
the
Chairperson
PROPOSED ACT
21 50% of the amount out of the amount collected by way of contribution from the Market
Committees by the Board every year shall be
transferred from the Assam State Agricultural
Marketing Board Fund to a separate account to
be known as Agricultural Marketing
Development Fund. The Chief Executive
Officer shall incur expenditure after approval
from the Board from and out of that fund on
such schemes or items as may be prepared for
the development of agricultural produce
market subject to the approval of such
schemes or items by a Committee consisting
of the followings:
(a) Chairperson of the BoardChairperson
(b) Vice Chairperson of the Board- Vice Chairperson
(c) Director of Agricultural Marketing under the Act - Member
(d) Director of Agriculture, Assam -Member
(e) Chief Engineer, Agriculture, Assam - Member
(1) Director of Horticulture & Food Processing, Assam - Member
(g) Director of Veterinary & Animal Husbandry, Assam - Member
(h) Director of Fisheries, Assam -Member
(i) Director of Dairy Development, Assam - Member
0) Director of Sericulture, Assam - Member
(k) Two non-official Producer Members and one Trader Member to b_e selected by the
Board from Board's Member on rotation every year -Member
(I) Chief Executive Officer The Chairperson/ Vice-Chairperson may invite any other person
having expertise related to the Act as a special invitee as and when necessary. The schemes are
approved for 3 years considering present trends. The Committee shall hold meetings every year
and revise proposals to suit priorities and budget.
The Chairperson of the Board shall preside over the meeting of the Board.
EXISTING
SECTION
The Chief Executive Officer of the Board shall exercise supervision and control over the
officers and staff employed by the Board and
Market Committees in the matters of
administration including service matters as
per the Act, Rules and Bye-laws made there
under.
2 The other powers and functions of the Chief Executive Officer shall be such as may be
prescribed.
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
3D
Provided that 50% of the amount out of the amount collected by way of
Section 75
contribution from the Market Committees by the Board every year shall be
transferred from the Marketing Board Fund to a separate account to be
known as Agricultural Development Fund. The Chief Executive Officer shall
incur expenditure after approval from the
Board from and out of that fund on such schemes or items as may be
prepared for the development
of Agricultural Produce and Market subject to the approval of such schemes
or items by a
Committee consisting of the following :- (a) Chairman of the Board- Chairman
(b) Secretary to the Govt. - Member
of Assam, Agriculture Department (c) Director of Agriculture,- Member
Assam
(d) Chief Engineer, Agriculture,- Member Assam (e) Chief Executive OfficerMember Secretary of the Board Provided further that the Board may
appropriate any amount from and out of the Agricultural Development Fund
for meeting any other expenses authorized under this section so as to meet
any exigency without effecting the ongoing Schemes and items already
approved by the Committee.
Revised existing
provision
3H(1)
The Chairman of the Board shall be responsible for the administration of the Section 82
Assam Agricultural Produce Market Act, 1972 as amended from time to time
and shall subject to any other provisions as may be prescribed and the byelaws framed, exercise general control over the employees of the Board and
Market Committees
Adopted from Model
Act
2 The other powers and functions of the Chairperson shall be such as may be prescribed
Power and 23(1)
Functions of
the Chief
Executive
Officer
EXISTING ACT PROVISION
2 The other powers and functions of the Chairman shall be such as may be
prescribed
31(1)
Section 86
The Chief Executive Officer of the Board shall exercise supervision and
Section 82 & 83
control over the officers and staff employed by the Board and Market
Committees in matters of administration, execution of works, maintenance
of accounts and records of the Board and disposal of all questions relating to
the service matters of the employees subject to the approval of the
Chairman of the Board.
2 same as proposed Act
Page 17 of 68
No provision
Revised existing
provision
Revised existing
provision
Adopted from existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER III
Declaration of Market Area and Establishment of Markets.
Notification 24(1)
of the
intention of
developing
ond
reguloting
the
marketing
of
specified
agricultural
produce in
specified
area
The State Government may be by notification in the Official Gazette, declare its intention of
developing and regulating the marketing including sale and purchase of specified agricultural
produce in such areas subject to fulfillment of specified criteria, as may be specified. A copy of
the notification under this section shall also be published in the area concerned in 3 (three)
numbers of vernacular news papers in the manner prescribed.
Provided that no area within the limits of a District Council shall be included in the area
specified in such notification except after consultation with the District Council concerned.
4(1)
2 The notification under sub-section (1) shall state that any objection or suggestion received by the
State Government within a period of not less than one month to be specified in the notification
under sub-section (1) shall be considered by the State Government.
The State Government may, by notification in the Official Gazette, declare its Section 3(1)
intention of regulating the purchase and sale at [specifiedj1 agricultural
produce in such areas as may be specified in the notification. A• copy of the
notification under this section shall also . be published in the area concerned
in the manner prescribed:
Provided that no area
within the limits of a District Council shall be included in the area specified in
such notification except after consultation with the District Council
concerned.
2 same as proposed Act
Declaration
of Market
Area and
Establishme
nt of
Markets.
25 After the expiry of the period specified in the notification issued under section 24 and after
considering such objections and suggestions as may be received before such expiry and after
holding such enquiry as may be necessary the State Government may, by notification in the
Official Gazette, declare the area specified in the notification under section 24 or any portion
thereof to be a market area for the purpose of this Act in respect of all agricultural produce
specified in the said notification. A copy of the notification under this section shall also be
published in the . area concerned in the manner prescribed
Notification
of intension
to alter
limits of pr
to
amalgamat
e or to split
up market
areas to deestablish a
market
26 The State Government may by notification signify its intensions after duly considering the
5(4)
prescribed criteria :
(i) to alter the limits of a market area by including
within it any other area in the
vicinity thereof or by excluding thereof any area comprised therein; or
(ii) to amalgamate two or more market areas
and constitute one Market Committee; or
(iii) to split up a market area and to constitute
two or more Market Committees thereof; or
(iv) to de-establish a market
(v) to modify the list of agricultural produce
to be regulated in the market.
5(1)
same as proposed Act
Section 3(2)
Adopted from existing
provision
Section 4
Adopted from existing
provision
The State Government may, at any timenotification in the Official Gazette
Section 6(1)
exclude from the market area any area comprised therein or add a new area
to it
Page 18 of 68
Revised existing
provision
Adoppted from Model
Act
SUBTITLE
NEW
SECTION
Procedure 27(1)
subsequent
to
notification
under
section 26
PROPOSED ACT
Any inhabitant of the market area. or of the areas affected by the notification issued under
section 26 may, if he objects to anything contained therein, submit his objectioris in writing to
the State Government within the period specified for this purpose in the said notification.
2 When the period specified in the said notification has expired and the State Government has
considered and passed
orders on such objection as may have been submitted to it within the said period, the State
Government may, by notification;
(a) include the area or any part thereof in the market area or exclude it there from;
(b) constitute a new Market Committee for the market area amalgamated; or
(c) split up an existing market area and constitute two or more Market Committees for such
areas, as the case may be; or
(d) de-establish the market; or
(e) publish modified list of agricultural produce to be regulated in the market
Effects of
alteration
of limits
Power of
the
StateGover
nment to
issue
consequenti
al order
with respect
to
constitution
ete. of
Market
Committees
on
alteration
of limits,
amalgamati
on or
splitting up
Declaration 29(1)
of Market
Yard and
Sub-Market
Yard
EXISTING
SECTION
EXISTING ACT PROVISION
REMARKS / CHANGES
/ INCORPORATION
Section 7(1)
Adoppted from Model
Act
Subject to the provisions of Section 4, the State Government may at any time Section 7(2)
by notification in the
Official Gazette withdraw any notification issued under sub-section (1).
Adoppted from Model
Act
No Provision
5(5)
MODEL ACT
3 Where a notification under section 26 has been issued excluding any area from the market
areas, the State Government shalf after consulting the Market Committee involved frame a
scheme to determine what portion of
the assets and other properties vested in one Market Committee shalf vest in the other Market
Committee and in what manner the liabilities of the Market Committees shalf be sooortioned
between the two Market Committees and such scheme shall come into force on the date of
publication in the Gazette.
No Provision
Section 8
Adoppted from Model
Act
28 Where a notification under section 26 has been issued the State Government may pass such
consequential orders as it may deem fit in respect of:
(a) Where a notification is issued under sub- section (2) of section 27 excluding area from any
market area and such excluded area is not declared to be separate market area or a notification
is issued under sub- section
(2), including any area
within the market area, the Mar.ket Committee constituted for such market area before the
date of such exclusion or inclusion shall, notwithstanding anything contained in this Act,
continue to be the Market Committee for then said market area until the reconstitution of such
Market Committee under this Act.
(b) In the event of amalgamation/split up of Market Committee area under section 26 the Chief
Executive Officer, Assam State Agricultural Marketing Board will designate one Officer not
below the rank of Secretary, Market Committee as Administrator of the amalgamated/ split up
Committee till the constitution of such Committee. Such Market Committee will , be constituted
under section 39 within a period of six months of amalgamated/ split up notification.
No Provision
Section 9 ((1) & (2)
Adoppted from Model
Act
same as proposed Act
Section 5(1,2)
Adopted from Model
Act
For each market area there shall be one Market Yard and one or more Sub-Market Yards as may
be necessary.
6(1)
Page 19 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
2 [The Board with the approval of the State Government may declare- (i) any No provision
enclosure, building or locality in any
market area to be the principal market-yard and other enclosures, buildings
or localities in such market areas to be one or more sub-market yard or yards
for the area; and (ii) any area including all lands with the building and
structures thereon within such distance of the Market Yard or SubMarket Yard or yards, as the case may
be, as it thinks fit to be market proper:
2{Provided that the location of the Market Yard,
Sub-Market Yard or yards or any other lands,
buildings or structures ancillary thereto shall be at a close distance from the
location where the trade
and merchandise in all or any specified
aricultural produce normallv takes place}
2 [The Board with the approval of the State Government may declare- (i) any enclosure, building or
locality in any
market area to be the principal market-yard and other enclosures, buildings or localities in such
market areas to be one or more sub-market yard or yards for the area; and (ii) any area including
all lands with the building and structures thereon within such distance of the Market Yard or SubMarket Yard or yards, as the case may be, as it thinks fit to be market proper:
Provided that the location of the Market Yard,
Sub-Market Yard or yards or any other lands,
buildings or structures ancillary thereto shall be at a close distance from the location where the
trade
and merchandise in all or any specified
aaricultural produce normallv takes place.
REMARKS / CHANGES
/ INCORPORATION
Revised existing
provision
3 The land requirement for establishing a structure and its specification shall
No provision
be such as may be
prescribed. '
Explanation - For this sub-section the word structure shall include any office
building of the Market Committee, staff quarter, rest house, godown market
yard, sub-market yard or yards, check-gate and its ancillary structures.
3 The land requirement for establishing a structure and its specification shall be such as may be
prescribed. '
Explanation - For this sub-section the word structure shall include any office building of the
Market Committee, staff quarter, rest house, godown market yard, sub-market yard or yards,
check-gate and its ancillary structures.
Declaration
of Special
Market
4 T he State Government may by notification declare any market area as 'special market' after
consideration of such aspects as market arrival, peculiar nature of transaction, access to
farmers and special infrastructure requirements of particular commodity etc. to be operated in
addition to existing market for improved regulation.
7(2)
The State Government may establish a separate Market Committee within
Section 20(1)
the same market area or a part thereof provided it is satisfied that trading in
a particular type of agricultural produce can be regulated only if and when an
independent Market Committee already functioning is unable to undertake
regulated trading in that commodity because of its peculiar nature:
Adoppted from Model
Act
CHAPTER IV
Classification of Markets and New Market.
Classificatio 30(1)
n of
Markets
and New
Market.
In every market area, there may be - (i) a market yard and one or more sub-market yards
managed by the Market Committee;
(ii) one Special market with yard managed by Market Committee;
(iii) one or more Private market (s) with market yard or yards managed by a person or group pf
persons or a body corporate other than the Market Committee;
(iv) one or more than one Farmer/ consumer markets managed by a person or body corporate
and the Market Committee; and
(v) a Direct market! markets through contract farming agreement in between contrect farming
sponsor and contract farming producer.
51 In every market area, there may be - (i) a principal market yard and one or
Section 19 & Section 5
more sub-market yards managed by the Market Committee;
(ii) one or more than one private market yards managed by a person or a
group of persons or a body corporate other than the Market Committee;
(iii) one or more than one farmer/consumer markets managed by a person or
a group of persons or a body corporate other than Market Committee
Section 19.
2 The Board may class ify the Market Committees within the criteria as prescribed
Page 20 of 68
Revised existing
provision
Adopted from Model
Act
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER - V
E - Trading
E - Trading 31(1)
&
establishme
nt of spot
exchange
No person shall establish and run a spot exchange for trading in specified agricultural produce
without obtaining a license under this section
No Provision
No provision
Adopted from
Karnataka APM Act
1966 (Section 131D)
2 S ubject to such conditions and such fees and security as may be prescribed, the Director of
Agricultural Marketing may grant license to setup spot exchange for providing trading facilities
in the specified agricultural produce
No Provision
No provision
Adopted from
Karnataka APM Act
1966 (Section 131D)
3 Any person desires to setup a spot exchange may apply to the Director of Agricultural
Marketing in such manner along with such fee and security as may be prescribed.
No Provision
No provision
Adopted from
Karnataka APM Act
1966 (Section 131D)
4 The spot exchange shall --- (i) have online trading and clearing system with national reach;
(ii) ensure efficient clearing, settlement and system;
(iii) transparency in operations and decision making related to entire operations;
(iv) provide for delivery of underlying commodity backed by a warehouse receipt system;
(v) provide the following services (a) electronic spot trading facility in specified agricultural produce;
(b) grading, quality certification and standardization of commodities;
(c) facilitating collateral financing and borrowing against warehouse receipt;
(d) customized service relating to storage, transportation, logistics, handling and shipment;
(e) procurement and disposal of commodities through online trading system;
(f) market intelligence report.
No Provision
No provision
Adopted from
Karnataka APM Act
1966 (Section 131D)
Reports to
be
submitted
by the spot
exchange
licensee
32 Th e licensee under section 31, shall maintain account of all the transactions taken place on the
electronic platform and submit such periodical reports and returns at such times and in such
forms as specified by the Director of Agricultural Marketing from time to time or to any officer
authorized by the Director of Agricultural Marketing in this behalf.
No Provision
No provision
Adopted from
Karnataka APM Act
1966 (Section 131D)
Suspend or
cancel of
spot
exchange
license
Redressal of 34(1)
disputes in
regards to
spot
exchange
33 The Director of Agricultural Marketing for reason to be recorded in writing suspends or cancel
spot exchange license granted by it under section 31.
Provided that no order shall be made without giving notice to the licensee.
No Provision
No provision
Adopted from
Karnataka APM Act
1966 (Section 131D)
Dispute redressal shall be done at the spot level through administrative process or through the
process of conciliation and arbitration within fifteen days
No Provision
No provision
Adopted from
Karnataka APM Act
1966 (Section 131D)
2 If any dispute is not redressed at spot exchange level, the concerned licensee may appeal within
thirty days to the Director of Agricultural Marketing and the decision of the Director in this
regard shall be final.
No Provision
No provision
Adopted from
Karnataka APM Act
1966 (Section 131D)
Penalty for
contraventi
on of
provisions
of E-trading
35 Whoever contravenes the provisions of Section 31 shall, on conviction, be punished with
imprisonment for a term which may extend to six months or with a fine which may extend to
five thousand rupees or with both.
No Provision
No provision
Adopted from
Karnataka APM Act
1966 (Section 131D)
Page 21 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER VI
Contract Farming
Contract
36(1)
Farming
procedure
and Form of
Contract
Farming
Agreement
Contract farming agreement shall be governed in the manner laid down hereinafter Contract
Farming Sponsor shall register himself with the Deputy Commissioner of the district 'or authority
designated by the Government by a notification' where the contract farming producer resides, in
such manner as may be prescribed
5F (1)
2 The contract farming sponsor shall also get the contract farming agreement recorded with
the Secretary to tILe..Market Committee of the notified market area where the contract
farming producer resides, in such manner as may be prescribed in this behalf. The contract
farming shall be in such forms and containing such particulars and terms and condition, as
may be prescribed.
Notwithstanding anything
contained in contract farming agreement, no title, right, ownership or possession shall be
transferred or alienated or will vest in the contract farming sponsor or his successor or his agent as
a consequence arising out of the contract farming agreement.
Dispute
arising of
Contract
Farming
3 Disputes arising out of the contract farming . agreement may be settled by the Director of
Agricultural Marketing. The Director of Agricultural Marketing shall resolve the
dispute in a summary manner within thirty days after giving the parties a reasonable
opportunity of being heard.
Contract Farming aggreement shall be governed in the manner laid
Section 38
hereinafter provided Contract Farming Sponsor shall register himself with the
Deputy Commissioner of the district where the contract farming producer
resides, in such manner as may be prescribed
Revised existing
provision
2 The Contract Farming Sponsor shall also get the contract farming agreement Section 38
recorded with the Deputy Commissioner of the district, where the contract
farming producer resides, in such manner as may be prescribed in this behalf.
The contract farming agreement shall be in such form and containing such
particulars and terms and conditions, as may be prescribed.
Notwithstanding anything contained in contract farming agreement, no title,
right, ownership or possession shall be transferred or alienated or will vest in
the contract farming sponsor or his successor or his agent as a consequence
arising out of the contract farming agreement.
Revised existing
provision
3 Disputes arising out of the contract farming agreement may be settled by the Section 38
Director. The Director shall resolve the dispute in a summary manner within
thirty days after giving the parties a reasonable opportunity of being heard.
Revised existing
provision
Appeal
37 Any aggrieved person concerning any matter on contract farming sponsor or
5H
producer under section 36 against the decision of the Director of Agricultural
Marketing may prefer an appeal before the State Government in the prescribed
manner. Such appeal shall be made within 30 days from the date of decision. The
Appellate Authority shall dispossess off the appeal within 30 days giving the party
a reasonable opportunity of being heard. The decision of the Appellate Authority
shall be final and shall not be called in question in any Court of Law
Any aggrieved person, concerning any matter under section 58, 5C, 50 and 5E Section 38
or a contract farming sponsor or producer under section 5F against the
decision of the Director or any aggrieved person under section 5G against the
decision of the Director, any prefer an appeal before the State Government
in the prescribed manner whose decision thereon shall be final and shall not
be called in question in any court of law.
Revised existing
provision
Sale of
agricultural
produce
under
contract
farming
38 The agricultural produce covered under the contract farming agreement may be sold to the
All specified agricultural produce shall ordinarily be sold in the principal market Section 38
yard! sub-market yards, subject to the provisions of sub-section (2); Provided
that the specified agricultural produce may also be sold at private market
yards and other places subject to the provisions of sections 5B, 5C and 5D.
Provided further that it shall not be necessary to bring agricultural produce
covered under contract farming to the principal market yard! sub-market yard!
private market yard and it may be directly sold to contract farming sponsor
from farmers' field.
Revised existing
provision
contract farming sponsor outside the market yard.
5A(1)
Page 22 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER VII
Establishment of Market Committee and its Constitution
Establishm 39(1)
ent of
Market
Committee
including
Market
Committee
for Special
Market
For every market area there shall be a Market Committee having jurisdiction over the entire
market area.
7 (1)
The State Government shall establish a Market Committee for every area
declared to be a market area under sub-section (1) of Section 5. It shall be
the duty of the Market Committee to enforce the provisions of the Act and
the rules and bye-laws framed there under in such market area.
Section 10(1)
Adopted from Model
Act
2 The State Government may establish separate Market Committee for special market and such
Market Committee be constituted as per section 40 (3) of the Act.
7(2)
The State Government may establish a separate Market Committee within
Section 20(2)
the same market area or a part thereof provided it is satisfied that trading in
a particular type of agricultural produce can be regulated only if and when an
independent Market Committee already functioning is unable to undertake
regulated trading in that commodity because of its peculiar nature:
Provided that not more than one Market Committee shall be established
within the same market area or a part thereof for the same type of
No Provision
Section 20(3)
Adopted from Model
Act
3 All provisions for and in relation to the Market Committee made in the Act shall mutatis
mutandis apply to the Market Committee established for special market under subsection 4 of section 29 of the Act.
Maintainen
ce of
Producer
and Trader
register in
the Market
Committee
Constitution 40(1)
of Market
Committee
4 The District Officer of every sector of agricultural produce of the market area shall maintain a
vii/age and Gaon panchayat wise producer register; and the Marketing Board /Market
Committee shall maintain a trader register.
Every Market Committee shall consist of the following members namely (i) six producers - two from agriculture sector, one from horticulture sector, one from animal
husbandry & veterinary sector, one from fish producers, one from sericulture or forest
producers who possess such qualifications as' may be prescribed and chosen by direct election
from the constituencies of market area in accordance with the Drovisions of this Act and rules
made thereunder; (ii) three traders - one from traders of agricultural - horticultural produce,
one from traders of animal husbandry & veterinary or fishery and the rest One to be elected
from traders of other commodities possessing such qualifications as may be prescribed and
elected by and from amongst the persons holding licence from the Market Committee for a
period of two successive years as trader under this Act.
Provided that in case of Market Committee established for the first time under section 39 the
qualifying period of holding licence from such Market Committee shall be three months.
Provided further that no person shall be a voter of more than one Market Committee at a time
and also not more than one constituency. (iii) one secretary of the functional Co- operative
Marketing Societies of the market area holding valid licence under this Act to be nominated by
the District Registrar of Co-operative Societies;
(iv) The District Bank Manager of the Lead Bank of the district;
(v) The District Agricultural Officer, District Horticulture Officer, District Veterinary Officer,
District Fishery Officer,
8(1)
Adopted from Model
Act
No Provision
No provision
New Provision
Every Market Committee shall consist of the following members namely (i) seven agriculturist who are voters of Gaon Panchayat to be elected by
the members of the GaonPanchayat in the market area in the manner
prescribed;
Section 14 & 14 A
Revised existing
provision on the basis
of Model Act
(ii) three to be elected by the traders, other wise than Co-operative
Marketing Societies and Gaon Panchayat holding valid licence under this Act
from amongst themselves in the manner prescribed.
(iii) one to be elected by the members of the Managing Committee or Board
of Directors, as the case may be, of the Co- operative Marketing Societies in
the market area holding a licence under this Act from amongst themselves in
the manner prescribed;
(iv)one to be nominated by such Co- operative Bank as may be decided upon
by the State Government;
(v)one to be nominated by the State Government;
(vi)one to be elected by the members of the Municipal Board, Town
Committee or GaonPanchayat within whose jurisdiction the principal marketyard is situated from amongst the members of the Municipal Board, Town,
Committee or GaonPanchayat, as the case may be. When the principal
market-yard is situated within the jurisdiction of two or more local
authorities of the type mentioned above, one member to be elected jointly
by the members of the local authorities concerned from amongst themselves
in
the manner prescribed
Page 23 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
Divisional Forest Officer and Superintendent of Sericulture Department of the market
area.
(vi) The Chief Executive of the Local body/ Rural urban body within whose jurisdiction the
Market Yar:d is situated. When the Market Yard is situated within the jurisdiction of two
or more local bodies the Chief Executives of both the local bodies will be the members.
(vii) one to be nominated by the Warehousing Corooration, if a warehouse has been
established by such Corporation within the market area.
2 When a Market Committee is established by the Government for the first time the Chief
Executive Officer of the Board will designate an officer not below the rank of Secretary,
Regulated Market Committee as Administrator till the constitution. of the Market Committee
and Market Committee shall be constituted within six months.
Constitution
of Market
Committee
for Special
Market
Qualificatio 41(1)
n of a voter
3 Every Market Committee for Special Market shall consists of the following members namely:
7(2)
(i) Three producers from the special commodity for which the special market is established having
qualifications as may be prescribed and chosen by direct election from the constituencies of
market area in accordance with the. provisions of this Act and Rules made there under.
(ii) Two traders from the traders of the special commodity for which the special market is
established having qualifications as may be prescribed and chosen by direct electio from the
constituencies of market area in accordance with the provisions of this Act and Rules made there
under.
(iii) Executive Officer of the local body/ urban body where special market is located.
(iv) One representative of Registrar of Co- operative Societies, Assam.
(v) Chief Executive Officer of the Assam State Agricultural Marketing Board or his nominee.
(vi) One representative of Agricultural Marketing Adviser, Govt. Of India, posted at Guwahati.
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
market area and where no such warehouse has been established then
two persons shall be elected by the Co- operative Marketing Societies
under clause (iii).
3 When a Market committee is constituted for the first time all the members No provision
of the Market Committee including the Chairman and Vice-Chairman thereof
shall be nominated by the State Government and such members shall hold
office for a period of three years; provided that the State Government may
extend the term of the Market Committee for a period not exceeding two
years; Provided further that the extension period on any occasion shall not
exceed one year at a time
The State Government may establish a MarketCommittee within the same
Section 21(1)
market area under sub-section (1) of section 5. It shall be the duty of the
Market Committee to enforce the provisions of the Act and the rules and byelaws framed thereunder in such market area.
Revised existing
provision.
Adopted from Model
Act with modification
For a producer constituency every producer-(i) whose name is entered in the producer register
maintained Village and Gaon Panchayat-wise by the concerned Department District Officer of the
market area; and
(ii) who ordinarily resides in the market area; and
(iii) who has completed the age of 18 years;. and
(iv) whose name is included in the voters list under the provision of this Act and Rules made there
under for the purpose shall be qualified as voter of the election of a
representative of producer.
Provided that 'no producer shall be eligible to vote in more than one constituency.
No Provision
Section 14 c
Adopted from Model
Act with modification
2 For trader member every trader- (i) whose name is entered in the register of traders holding valid
licence and maintained by the Marketing Board/ Market Committee; and .
(ii) who has completed the age of 18 years;
(iii) who is not a defaulter of the Market Committee shall be qualified as a voter of the election of
representative of trader.
Provided further that no trader shall be eligible to vote in more than one constituency of one
Market Committee and in more than one Market Committee at a time.
No Provision
No provision
New Provision
Page 24 of 68
SUBTITLE
NEW
SECTION
Period of
42(1)
Office of
Market
Committee
PROPOSED ACT
Every member, including Chairperson and Vice-Chairperson of Market Committee shall
hold office for a period of five years
commencingJrom the date of first meeting of
the constituted Market Committee at which
quorum is present. The Market Committee
shall, thereafter, be reconstituted every five
years before the expiry of the fifth year and
not earlier than three months prior to such
expiry.
Provided that the tirst meeting of the Market
Committee shall be held within fifteen days
from the date of notification constituting the
new Market Committee.
Provided further that if the Market Committee
could not be reconstituted as per section 40
(1) of the Act, within the period prescribed
under this section, the State Government may
appoint any officer of Agriculture! Horticulture
department not below the rank of District
Agriculture Officer as Administrator for a
period not exceeding six months to exercise
all powers and functions of the Market
Committee as prescribed in the Act.
EXISTING
SECTION
9(1)
MODEL ACT
Every member of Market Committee other than the first one constituted by the Section 14(D)
State Government
shall hold office for a period of three years
commencing from the date of first meeting of the
reconstituted Market Committee at which a
quorum is present. The Market Committee shall,
thereafter, be reconstituted every three years
before the expiry of the third year and not earlier
than three months prior to such expiry
REMARKS / CHANGES
/ INCORPORATION
Revised existing
provision
2 The term of three years referred to in Sub-Section (1) shall include any period No provision
which may lapse between the expiry of the said three years and the date of
the first meeting of the reconstituted Market Committee, at which a quorum
is present
Deleted the existing
provision
3 The State Government may, by notification for sufficient cause to be stated No provision
therein direct, from time to time that the term of office of the members of a
Market Committee be extended by such period not exceeding one year as
may be specified in the notification
Deleted the existing
provision
4 A member elected or nominated under sub- section (1) of section 8 shall
cease to hold office, if he ceases to be member of the category of persons
from which he was elected or nominated.
No provision
Adopted from existing
provision
5 A member shall also cease to hold office if he in writing resigns his
membership and the same is accepted by the Market Committee or if he is
removed by the State Government under the provisions of this Act
No provision
Deleted the existing
provision
3 Whenever any vacancy occurs in membership for any of the reasons aforesaid, the said vacancy
shall be filled in by election or nomination as the
case may be and every such member elected or nominated, shall hold office for the unexpired
period of the term of the member in whose place he is elected or nominated. In case of vacancy
arises against elected members leaving a period of less than one year, the vacancy shall not be
filled up.
6 Whenever any vacancy occurs in membership for any of the reasons
aforesaid, the said vacancy shall be filled in by election or nomination as the
case may be and every such member elected or nominated, shall hold office
for the unexpired period of the term of the member in whose place he is
elected or nominated.
Section 14 D(5)
Revised existing
provision
4 Notwithstanding any vacancy in a Market Committee it shall be competent to exercise its owers
and perform its duties and none of its actions shall be questioned merely on the ground of the
existence of any vacancy in or any defect in the constitution of the Committee
7 Not withstanding any vacancy in a Market Committee it shall be competent
to exercise its owers and oerform its duties and none of its actions shall be
questioned merely on the ground of the existence of any vacancy in or any
defect in the constitution of the Committee
No provision
Adopted from existing
provision
Section 14, 14A, 14B & 14C.
New Provision
2 A member elected under sub-section (1) of section 40 shall cease to hold office, if he ceases to be
member of the category of persons from which he was elected.
Election of 43(1)
Market
Committee
EXISTING ACT PROVISION
Subject to the provisions of this Act, the members of the market Committee shall be elected to 9(1)
constitute Market Committee under section 40 (1) and in the manner prescribed after every five
years
Every member of Market Committee other than the first one constituted by
the State Government shall hold office for a period of three years
commencing from the date of first meeting of the reconstituted Market
Committee at which a quorum is present. The Market Committee shall,
thereafter, be reconstituted every three years before the expiry of the third
year and not earlier than three months prior to such expiry
Page 25 of 68
SUBTITLE
NEW
SECTION
Chairperson 44(1)
and ViceChairperson
of Market
Committee
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
2 For the purpose of holding election as per provisions of the Act and Rules framed there under
9(1)
the Chief Executive Officer of Assam State Agricultural Marketing Board will function as State
Election Authority. The State Election Authority will notify the Election Schedule and Returning
Officer for the election of the Market Committee and the comaosition of District Election Authori
Section 14, 14A, 14B & 14C.
New Provision
3 There shall be a District Election Authority under the Chairmanship of Deputy Commissioner of
the concerned district and other members which will conduct election as per procedure as
prescribed.
9(1)
Section 14, 14A, 14B & 14C.
New Provision
4 The concerned Market Committee shall make available the District Election Authority such fund
with the approval of the Assam State Agricultural Marketing Board as fixed by the Government
for the ouroose
9(1)
Section 14, 14A, 14B & 14C.
New Provision
5 After every election the District Election Authority shall notify the elected members of the
Market Committee and publish the same in Gazette notification
9(1)
Section 14, 14A, 14B & 14C.
New Provision
Every Market Committee shall have a Chairperson and a Vice-Chairperson. The Chairperson &
Vice-Chairperson shall be elected by the elected members of the Market Committee from
amongst those who are representatives of producers.
Provided that the election of Chairperson and Vice-Chairperson shall be completed within 10
days from the date of election's result.
10(1)
Subject to the provision of sub-section (3) of Section 8 every Market
Section 15 & 15 A
Committee shall elect, in the manner prescribed, one of its members to be its
Chairman and another member to be its Vice- Chairman.
Adopted from Model
Act with modification
2 After every election the elected members of the Market Committee shall elect the Chairperson
and Vice-Chairperson in its first general meeting which shall be convened by the Member
Secretary of the concerned District Election Authority. The meeting for such purpose shall be
held under the Presidentship of Chairperson of the District Election Authority or any other
member of the District Election Authority authorized by him. The Chairperson of the District
Election Authority when presiding over the meeting has the same powers as the Chairperson
when presiding over a meeting of the Market Committee, but shall not have the right to vote.
No Provision
Section 15
Adopted from Model
Act
3 If in the election of a Chairperson or Vice- Chairperson there is an equality of vote, the result of
the election shall be decided by lots to be drawn in the presence of the Officer Presiding in such
manners as he may determine.
No Provision
Section 15
Adopted from Model
Act
4 In the event of dispute, arising as to the validity of the election of a Chairperson or ViceChairperson, the Chairperson of the District Election Authority (Deputy Commissioner of the
district), if he is the presiding officer shall decide the dispute himself and in any other case
officer presiding shall refer the dispute to the Chairperson of District Election Authority for
decision. The decision of the Chairperson of District Election Authority shall be subject to an
appeal to the Commissioner, whose decision shall be final and no suit or other proceedings shall
lie in any Court of Law in respect of such decision. The time limit for appeal to the Commissioner
is seven days and time limit for disposal is fifteen davs.
No Provision
Section 15
Adopted from Model
Act
5 After election of Chairperson and Vice- Chairperson the full fledged Market Committee including
ex-officio members shall be notified in the Official Gazette by the Chairperson of the District
Election Authoritv
No Provision
Section 15 A
Adopted from Model
Act
Whenever for any reason, the office of both the Chairman and the ViceChairman of any Market Committee fall vacant, the State Government shall
appoint anyone from amongst the members of such Market Committee as
the Chairman to hold office as such temporarily, till a Chairman is elected.
Section 16
Adopted from Model
Act
6 Whenever for any reason, the office of either or both the Chairperson and the . ViceChairperson of any Market Committee fall vacant, the members of the Market Committee shall
elect anyone from amongst the producer member as Chairperson/ Vice-Chairperson in a
meeting convened and chaired by the District Election Authority/ nominee within 30 days from
the date of such vacancy and results of such election shall be notified in the Official Gazette by
the Chairperson of the District Election Authoritv.
10(3)
Page 26 of 68
SUBTITLE
NEW
SECTION
Removal of
Members of
Market
Committee
PROPOSED ACT
EXISTING
SECTION
45 If any member including Chairperson and Vice- Chairperson absents himself for 3 'consecutive
11(1)
meeting without intimation to the Secretary, Market Committee without valid reason will
attract cessation of membership. Before a decision is taken on cessation of membership a notice
will be served by the Secretary, Market Committee to concerned member within 15 days of the
expiry of:td consecutive meeting giving an opportunity of 15 days for response, and Chairperson
of District Election Authority will take final decision on the matter within 30 days from the date
of receipt of the response. The appeal in this regard will lie with Commissioner. Appeal will be
disposed off by the Commissioner within 60 days. Time limit for appeal is within 30 days of the
finalization bv District Election Authoritv.
11(2)
Removal of 46(1)
Members of
Market
Committee
from Office
The Chairperson of District Election Authority may, on the recommendetions of the Market
30(1)
Committee supported by at least two-third of the total members or on the recommendations of
the Director of Agricultural Marketing remove any member of the Market Committee, elected
under this Act, if such a member, being guilty of misconduct in the discharge of his duties, or
involved with the misapplication of fund or has become incapable of performing his duties as a
member;
Provided that no recommendations shall be made by the Market Committee or the Director of
Agricultural Marketing unless the member has been given a reasonable opportunity of showing
cause why such recommendation should not be made; .
Provided further that no order for removal of any member shall be passed by the Chairperson of
District Election Authority unless the member has been given a reasonable opportunity of
showing cause why such order should not be passed.
2 The decision of the District Election Authority under sub-section (1) shall be final.
Power and 47(1)
Functions of
the
Chairperson
and ViceChairperson
of Market
Committee
The Chairperson and the Vice-Chairperson shall exercise such' powers and carry out such duties 10(2)
on behalf of the Committee under this Act and the Rules made there under from time to time, as
may be prescribed.
2 The Chairperson, or in his absence, the Vice- Chairperson shall preside at every meeting of the
Market Committee and in the absence of both Chairperson and Vice-Chairperson at any
meeting, the members present shall elect one from amongst themselves to preside over the
meeting.
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
The Chairman or the Vice-Chairman of any Market Committee may be
Section 91(1)
removed from office by a resolution adopted by at least two-third of the total
number of members of the Market Committee present and voting at the
meeting convened for the purpose, in the manner prescribed
Adopted from Model
Act and existing
provision
The State Government may, after giving an opportunity to explain, remove
the Chairman or Vice-Chairman of a Market Committee form office if he
persistently omits or refuses to carry out or disobeys the provisions of the
Act or the rules made there under or any directive issued by the competent
authoritv under this Act or rules made there under from time to time, or if he
becomes incapable of so acting or is declared insolvent or is convicted by a
criminal court for any offences involving moral turpitude or declared
disqualified under any of the provisions of this Act and the rules made there
under
Deleted the existing
provision
The State Government may, on the recommendations of the Market
Section 91(1)
Committee supported by at least two-third of the total members or on the
recommendations of the Director remove any member of the Market
Committee, elected or nominated under this Act, if such a member, has in
the opinion of the State Government, been guilty of misconduct in the
discharge of his duties, or has become incapable of performing his duties as a
member;
Provided that no recommendations shall be made by the Market Committee
or the Director unless the member has been given a reasonable opportunity
of showing cause why such recommendation should not be made;
Provided further that no order for removal of any member shall be passed by
the State Government unless the member has been given a reasonable
opportunity of showing cause why such order should not be passed.
Adopted from Model
Act and existing
provision
The decision of the State Government under sub- section (1) shall be final.
No provision
The Chairman and the Vice-Chairman shall exercise such powers and carry
out such duties on behalf of the Committee under this Act and the rules
made there under from time to time, as may be prescribed.
Section 25
4 The Chairman, or in his absence, the Vice- Chairman shall preside at every
Section 25
meeting of the Market Committee and in the absence of both Chairman and
Vice-Chairman at any meeting, the members present shall elect one from
amongst themselves to preside over the meeting
Page 27 of 68
Revised existing
provision
Revised existing
provision
SUBTITLE
NEW
SECTION
Resignation 48(1)
of
Chairperson
, ViceChairperson
and
Members of
Market
Committee
No
49(1)
confidence
motion of
Chairperson
, Vice
Chairperson
of Market
Committee
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
No Provision
Section 16(1)
Adopted from Model
Act
2 Every Chairperson and Vice-Chairperson shall vacate office if he ceases to be a member of the
Market Committee.
No Provision
Section 16(2)
Adopted from Model
Act
3 Any person who is elected as a Chairperson of a Municipal Corporation, Municipal Board, Town
Committee, Anchalik Panchayat, Gaon Panchayat or Co-operative Marketing Society is elected
as Chairperson or Vice-Chairperson of the Market Committee or vice versa may, by notice
addressed in writing signed by him and submitted to the Chairman of the District Election
Authority or any member of the election authority within thirty days from the date, or the later
of the dates, on which he is elected, intimate in which of the office he wishes to serve, and
thereupon, his seats in the body in which he does. not wish to serve, shall become vacant and in
default of such intimation within the aforesaid period, his seat in the Market Committee shall,
on the expiration of that period, become vacant.
No Provision
Section 14 D(4)
Adopted from Model
Act
A member holding office of Chairperson or Vice-Chairperson or Member may resign his office at
any time in writing acf'dressed to the Chairperson of the District Election Authority through the
Secretary to the Market Committee and the office shall become vacant on the expiry of fifteen
days from the date of such resignation, unless within the said period of fifteen days he
withdraws the resignation in writing addressed to the Chairperson of the District Election
Authori
A motion of no confidence may be moved against the Chairperson or the Vice- Chairperson at a 11(1)
meeting specially convened for the purpose tinder sub-section (2) and if the motion is carried by
a majority of not less than two-third of the members of the Committee, cease to be the
Chairperson or Vice-Chairperson as the case may be.
The Chairman or the Vice-Chairman of any Market Committee may be
Section 17(1)
removed from office by a resolution adopted by at least two-third of the total
number of members of the Market Committee present and voting at the
meeting convened for the purpose, in the manner prescribed.
Adopted from Model
Act with modification
2 For the purpose of sub-section (1) a meeting , of the Market Committee shall be held in
the'prescribed manner within thirty days of the , date of receipt of the notice of motion of no
confidence. The meeting will be convened by the.Secretarv to the Market Committee.
No Provision
Section 17(2)
Adopted from Model
Act
3 The Chairperson or Vice-Chairperson shall not preside over the meeting, but such meeting shall
be presided over by an officer of the Government as the Chairperson of District Election
Authority may appoint for the purpose. However, the Chairperson or Vice- Chairperson as the
case may be, shall have the right to speak and otherwise to take part in the proceedings of the
meeting.
When a meeting is held for the removal of the Chairman or Vice Chairman or Section 17(3)
both : (a) The Vice-Chairman or in his absence, a member duly elected at the
meeting shall preside, if the resolution relates to the removal of the
Chairman.
(b) The Chairman or in his absence, a member duly elected at the meeting
shall preside if the resolution relates to the removal of the Vice-Chairman.
(c) A member duly elected at the meeting shall preside if the resolution
simultaneous removal of both the Chairman land the Vice-Chairman.
Adopted from Model
Act
4 If the motion of no confidence is not accorded , as aforesaid or if the meeting could not be , held
for want of quorum, no notice of any subsequent motion expressing vote of , confidence in the
same' Chairperson or Vice- Chairperson shall be made until after the expiry of one year from the
date of such scheduled meeting.
No Provision
Section 17(4)
Adopted from Model
Act
Page 28 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER VIII
Conduct of Business of the Market Committee
Meeting
50(1)
etc. of the
Market
Committee
No Provision
Section 25 (1)
Adopted from Model
Act with modification
No Provision
Section 25 (2)
Adopted from Model
Act with modification
The Chairman, or in his absence, the ViceChairman shall preside at every meeting of
the Market Committee and in the absence of
bofh the Chairman and the Vice-Chairman at
any meeting, the members present shall
elect one from amongst themselves to
preside over the meeting
Section 25 (2)
Adopted from Model
Act with modification
4 The Secretary to the Market Committee will convene the meeting and maintain the proceedings 12(1)
and recoras as per the Secretarial Standards of the Institute of Company Secretaries of India.
such meeting is called by the Secretary
under the direction of the Chairman or the
Vice-Chairman, as the case may be, or as
may be required on a requisition by the
members as prescribed,
No provision
Revised Existing
Provision
5 No business shall be transacted at any meeting of the Market Committee unless a quorum is
present.
No business shall be transacted at any meeting of I [No provision]
the Market Committee unless.
(a) such meeting is called by the Secretary
under the direction of the Chairman or
the Vice-Chairman, as the case may be,
or as may be required on a requisition
by the members as prescribed, and
(b) a quorum is present.
No provision
Revised Existing
Provision
Subject to the provision of this Act, the Market Committee shalf conduct its business as may be
prescribed.
2 A Market Committee shalf meet for the
transaction of its business at least once in
every month, provided that the Market
Committee may in special circumstances meet
at any time and at any place in 'the market area
as may be prescribed.
3 Chairperson shalf preside over meetings of
Market Committee and if he is absent, the
Vice-Chairperson shalf preside over the
meeting of the Market Committee and if at any
meeting both the Chairperson and the ViceChairperson are absent, such one of the
members present in the meeting as may be
chosen by the members present may act as
Chairperson.
10(4)
12(1)
Page 29 of 68
SUBTITLE
NEW
SECTION
Decision/Re
solution
which
become
nullified
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
6 The quorum for meeting. shall be one-third of the total number of members of the Market
Committee. If at any meeting the prescribed quorum is not present the meeting shall stand
adjourned to some future day to be appointed by the Chairperson, the Vice-Chairperson or any
member who may preside at the meeting, as the case mav be. The members present at such
adjourned meeting shall form a quorum whatever their number may be
The quorum referred to in sub-section (1) shall be one-third of the total
No provision
number of members of the Market Committee. If at any meeting the
prescribed quorum is not present the meeting shall stand adjourned to some
future day to be appointed by the Chairman, the Vice-Chairman or any
member who may preside at the meeting, as the case may be. The members
present at such adjourned meeting shall form a quorum whatever their
number may be.
7 Failure on the part of the Secretary to the Market Committee in conducting the business of the
Market Committee as per Act and Rules will attract departmental proceedings.
No Provision
No provision
New Provision
51 All the proceedings/ resolution/ decision of Market Committee should comply with the
provisions of this Act, Rules and Bye-laws framed under the Act. The proceedings/resolutions
decision which violates the provisions of Act, Rules and Bye- laws will be null & void forthwith
and any action by the Market Committee on such unlawful decision will invite criminal
proceedings.
No Provision
No provision
New Provision
Every Market Committee shall be a body corporate by such name as the
State Government may specify by notification in the Official Gazette It shall
have perpetual succession and a common seal, may sue or be sued in its
corporate name and shall be competent to acquire and hold lease, shall or
otherwise transfer any property and to contract and to do all other things
necessary for the purpose for which it is established.
Section 10(2)
Adopted from existing
provision and Model
Act
No provision
Section 10(3)
Adopted fromModel
Act
Revised Existing
Provision
CHAPTER IX
Incorporation of Market Committee, Its Powers & Functions.
Incorporati 52(1)
on of
Market
Committee
Every Market Co-mmTttee shall be a body corporate by such name as the Director of Agricultural 13(1)
Marketing may specify by notification in the Official Gazette. It shall have perpetual succession
and a common seal, may sue or be sued in its corporate name and shall be competent to acquire
and hold lease, shall or otherwise transfer any property and to contract and to do all other things
necessary for the purpose for which it is established.
Provided that no immovable property shall be acquired or transferred by way of sale, lease or
otherwise without the prior permission of the Director of Agricultural Marketing
2 Notwithstanding anything contained in any enactment for the time being in force, every Market
Committee shall for all purposes, be deemed to be a Local Authoritv
Powers and 53(1)
Functions of
Market
Committee
Subject to the provisions of this Act, it shall be the duty of the Market Committee
(i) to enforce the provision of this Act, Rules, Bye-laws framed there under, the conditions of
licence granted under the Rules and Bye-laws under the Act in the ., market area and to provide
facilities as required for development, promotion and regulation of agricultural marketing
including such facilities as the Director of Agricultural Marketing and State . Government may,
from time to time direct in connection with marketing of specified agricultural produce
concerned.
(ii)to do such other acts as may be required in relation to the
superintendence, direction and control of market or for regulating marketing of eqricuiturel
produce in any place in the market area, and for the purposes connected with the matters
aforesaid, and for that purpose may exercise such powers and discharge such functions as may
be provided by or under this Act;
(iii) to do all such
other acts to bring about complete transparency in pricing system and transactions taking place
in (iv) to maintain and manage the market yards and sub-market yards within the market area;
(v) to . provide the necessary facilities for the marketing of agricultural produce within the
market yards and outside the market yards and within the sub-market yards and outside the submarket yards in the market area; . (vi) to issue licence or refuse licensing to market
functionaries and renew, suspend or cancel such licence, supervise the conduct of the market
functionaries and enforce conditions of Licensing;
(vii) to regulate and supervise the auction of specified agricultural produce in accordance with
the provision and procedure laid down under the Rules made under this Act or Bye-laws of the
Market Committee;
(viii) to conduct or supervise the auction of specified agricultural produce in accordance with
the procedure laid down under the Rules made under this Act or Bye-laws of the Market
Committee;
(ix) to regulate entry of persons into the Market Yard or Sub-Market
14 The functions of a Market Committee shall be as [section 26] follows:Section 26
(i) to maintain and manage the market yard and to control, regulate and run
the market in the interest of the agriculturists and traders holding licence
from the Market Committee.
(ii) to regulate and control transactions in the market and to deal with
licence holder who default to open, close and. suspend trade in any
[specified I agricultural producel '.to settle disputes, levy and recover market
charges fees on an agricultural produce, licence and other fees, to impose
fines and penalties;
(iii) to act as a
mediator, arbitrator or surveyor in all matters of differences, disputes,
claims, etc., between licensees or between them an agriculturists making use
. of the I[section 26J market as sellers of agricultural produce. (iv) to control
and regulate the admission to . the market, to determine the conditions for
the use of the market and to prosecute and confiscate the goods belonging
to persons trading without a valid licence;
(v) to bring prosecute or defend or aid in bringing prosecuting or defending
any suit, action, proceeding application or arbitration on behalf of the Market
Committee or otherwise as directed by the State Government;
(vi) to purchase, hire or acquire any land for construction of any house
thereon or other movable or immovable property and other equipment for
the purpose of its business, to raise fund from the Government or otherwise
with the approval of the Director for the said purpose and to enter into
arrangements with the Government, local authority or otherwise and to
comply with such arrangements; and
Page 30 of 68
Adopted from existing
provision & Model Act
SUBTITLE
NEW
SECTION
PROPOSED ACT
Committee;
(ix) to regulate entry of persons into the Market Yard or Sub Market
yards, to supervise the behaviour of the persons so entered for transacting business and to take
disciplinary action against the licensees who fails to fulfil the conditions of the licence or any
direction of the Market Committee, issued within the purview of this Act orRules or Bye-laws.
(x) to regulate the making, carrying out and enforcement or cancellation of agreements of
sales, weighment, delivery, payment and all other matters relating to the marketof specified
agricultural produce in the manner prescribed; (xi) to provide for the settlement of all disputes
between the• seller and the buyer arising out on any kind of transaction connected with the
marketing of specified agricultural produce and all matters ancillary thereto; ,
(xii) to take all possible steps to prevent adulteration of specified agricultural produce;
(xiii) to set up and promote public private partnership in management of the agricultural
markets with the approval of the Board without any liability to State Government
(xiv) to promote public private partnership for carrying out extension activities in its area viz.
Collection, maintenance and dissemination of information in respect of production, sale,
storage, processing, prices and movement of specified agricultural produce; (xv) to take
measures for the prevention of purchases and sales below the minimum support prices as fixed
by the Government from time to time;
(xvi) to levy, take, recover and receive rates, charges, fees and other sums of money to which
the Market Committee is entitled;
(xvii) to regulate the entry of persons and vehicles, traffic. into the market yard and sub-market
yard vesting in the Market Committee; .
(xviii) to prosecute persons for violating the I provisions of this Act, the Rules and the Bye-laws
and compound such offences and to take disciplinary action against the licensees who fails to
fulfil the conditions of the licence or any direction of the Market Committee, issued within the
purview of this Act or Rules or Bye - laws;
(xix) to control and regulate the
admission to the market. to determine the conditions for the use of the market and to prosecute
and confiscate the goods belonging to persons trading without a valid licence;
(xx) to employ the necessary number of officers and servants for the efficient implementation
of the provisions of this Act, the Rules and Bye-laws as prescribed;
(xxi) to purchase, hire or acquire land for the purpose under this Act and dispose of any movable
or immovable property for the purpose of efficiently carrying out its duties with the approval of
the Board and Director of Agricultural Marketing;
(xxii) to raise fund from the Government or otherwise with the approval of the Director of
Agricultural Marketing for the said purpose and to enter into arrangements with the
Government. local authority or otherwise and to comply with such arrangements;
(xxiii) to impose penalties on persons who contravenes the provisions of this Act, the Rules or
the bye-laws or the orders or directions issued under this Act, the Rules or the Bye-laws by the
Market Committee;
(xxiv) to institute or defend any suit, prosecution,
action, proceeding, application or arbitration and compromise such suit, action proceeding,
application or arbitration;
(xxv) to keep a set of standard weights and measure in each market yard and sub- market yard
against which weighment and measurement may be checked;
(xxvi) to inspect and verify scales, weights and measures in use in a market area and also the
books of accounts and other documents maintained by the market functionaries in such manner
as may be prescribed;
(xxvii) to arrange to obtain fitness (health)
certificate from veterinary doctor in
respect of animals, cattle, birds etc. and
from Fishery Officer in respect of
fishes, which are bought or sold in the
market yards/market area;
EXISTING
SECTION
EXISTING ACT PROVISION
comply with such arrangements; and
(vii) to do such other things as may be required for the purpose of achieving
the objects and requirements of the Act and the rules and bye-laws framed
thereunder.
15. A Market Committee shall have to power to
regulate entry of persons into the principal or Sub-market yards, to supervise
the behaviour of the persons so entered for transacting. business and to take
disciplinary action against the licensees who fails to fulfill the conditions of
the licence or any direction of the Market Committee, issued within the
purview of this Act or Rules or Bye-laws.
(xxviii) to carry out publicity about the benefits
of regulation, the system of transaction,
facilities provided in the market yard
etc., through such means as poster,
pamphlets, hoardings, cinema slides,
film shows, group meting, electronic
media etc., or through any other means
considered more effective or
necessary;
Page 31 of 68
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
(xxix) to ensure payment in respect of
transactions which take place in the
market yard to be made on the same
day to the seller, and in default to seize
the agricultural produce in question
along with the other property of the
person concerned and to arrange for resale thereof and in the event of loss, to
recover the same from the original
buyer together with charges for
recovery of the losses, if any, from the
original buyer and effect payment of the
price of the agricultural produce to the
seller;
(xxx) to recover the charges in respect of
weighmen and hammals and distribute
the same to weighmen and hammals if
not paid by the purchaser/seller as the
case maybe;
(xxxi) with the prior sanction of the Board
undertake the constructions of
godowns, roads and such other
infrastructure in the market yard/submarket yard and market area as may be
required to facilitate movement of
agricultural produce to the market for the benefit of producer seller and traders operating in the
market area;
(xxxii) to collect and maintain information in respect of production, sale, storage, processing,
prices and movement ofspecified agricultural produce and
disseminate such information as
directed by the Director of Agricultural
Marketing;
(xxxiii) with a view to maintain stability in the
market (a) take suitable measures to
ensure that traders do not buy
agricultural produce beyond their
capacity and avoid risk to the sellers in
Page 32 of 68
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
capacity and avoid risk to the sellers in
disposing of the produce; and (b) grant
licences only after obtaining necessary
security in cash as bank guarantee
according to the capacity of th,e buyers;
(xxxiv) to promote and undertake agricultural
processing including activity for value
addition in agricultural produce;
(xxxv) with the prior sanction of the Board, the
Market Committee may undertake the
construction of roads, godowns and
other infrastructure in the market area
to facilitate marketing of agricultural
produce and for the purpose give grant
or advance funds to the Board.
(xxxvi) to provide on storage and warehousing
facilities for stocking of agricultural
produce to producer;
2 In addition to the above the Market Committee
shall also be responsible for:
(i) the maintenance of proper checks on
all receipts and payment by its officers;
(ii) proper execution of all works
chargeable to the Market Committee
fund and other works entrusted by the
Board;
(iii) the maintenance of Guard File
comprising of keeping a copy of this
Act and of the Rules and notifications
issued there under and of its Bye-laws,
open to inspection free of charge at its
office; and
(iv) arranging for preventive measures
against spread of contagious plant and
animal diseases.
No provision
Page 33 of 68
Section 26(4)
Mostly adopted from
Model Act
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
3 To promote and encourage e-trading, Market
Committee may establish regulatory system,
create infrastructure and undertake other
activities and steps needed thereto.
4 To do such other things as may be required for
the purpose of achieving the objects and
requirements of the Act and the rules and byelaws framed there under.
Power to
remove
encroachme
nt on
market yard
14(vii)
5 (a) Any officer or servant of the Market Committee or the Board empowered by the State
Government in this behalf shall have power to remove any encroachment in a space in the
market yard and the expenses of such removal shall be paid by the person who has caused the
said encroachment land shall be recoveredin the same manner as arrears of land revenue.
Levy and
collection of
entry fee
54(1)
A Market Committee may with the previous sanction of the Board, raise money or issue
debentures required for carrying out the purpose for which it is established on the security of
any property vested in it and of any fees leviable by it under this Act.
MODEL ACT
Section 26(5)
Adopted for Model
Act
To do such other things as may be required for No provision the purpose of
achieving the objects and requirements of the Act and the rules and byelaws framed there under.
No provision
Adopted from existing
provision.
40 Every encroacher of market yard, sub-market yard or yards shall be evicted
Section 32(1)
Adopted for Model
Act
Section 32(1)
Adopted for Model
Act
No provision
27(1)
REMARKS / CHANGES
/ INCORPORATION
No provision
there from in such manner and procedure as provided in law in force for
eviction of encroacher of Government reserved land.
(b) Existence of encroachment in market yard will be treated as misconduct of Market
Committee, it it does not resolve to remove it and also of the Chairperson, Vice-Chairperson or
the Secretarv to the Market Committee if they fail to remove it after resolution of the Market
Committee
Power to
Borrow
EXISTING ACT PROVISION
A Market Committee may with the previous sanction of the State Government, Section 29(1)
raise money required for carrying out the purposes for which it is established
on the security of any property vested in it and of any fees leviable by it under
this Act.
Adopted from existing
provision & Model Act
2 The Market Committee may, for the purpose of meeting the initial expenditure on lands,
building, staff and, egyjpments required for establishing tile market, obtain loan from the State
Government or Board or other financial institution
2 The Market Committee may, for the, purpose of I meeting the initial
expenditure on lands, building and equipment required for establishing the
market, obtain loan from the State Government or any financial institution.
Section 29 (2)
Adopted from existing
provision & Model Act
3 The conditions subject to which such money or loan under sub-section (2) shall be raised or
obtained and time withinthe same shall be repayable shall be subject to the previous sanction of
the Board without any liabilities to the State Government
3 The conditions subject to which such money or loan shall be raised or
obtained and time within which such money or loan shall be repayable shall
be subject to the previous sanction of the State Government
Section 29 (3)
Adopted from existing
provision & Model Act
Section 42(6)
Adopted from Model
Act
55 The Market Committee shall levy and collect entry fee on vehicles, which may enter into market
yards/sub market yard at such rate as may be specified in bye-laws
No provision
Page 34 of 68
SUBTITLE
Appointme
nt of Subcommittee
and Joint
Committee
NEW
SECTION
PROPOSED ACT
56 A Market Committee may appoint a Sub- Committee or a Joint Committee or an Ad-hoc
Committee from amongst its members or any other person from within the market area for the
administration of the Market Committee, for the conduct of any work or for reporting or
recommending or deciding any matter or matters and may delegate to such Committee such of its
powers or duties as it may think fit. The Market Committee shall constitute the following basic
sub-committees (i) market infrastructure development sub- committee; .
(ii) regulation and implementation of the Act (including auctioning & weights and
measurement) sub-committee;
(iii) grading, standardization, training and promotion of marketina activities of farmers &
traders sub-committee;
(iv) finance, accounts & audit and cess
assessment sub-committee;
(v) Planning & resource mobilization subcommittee;
(vi) sub-committee on functioning and follow-up of the recommendations of various subcommittees.
There shall be at least three such members in any sub-committee
and one member should not be included in more than two sub-committees. Further, the Market
EXISTING
SECTION
EXISTING ACT PROVISION
17 A Market Committee may appoint a Sub- I [Section 28]
Section 28
Committee or a Joint Committee or an Ad-hoc
Committee from amongst its members or any other person from within the
market area for the administration of the sub-market yard, for the conduct of
any work or for reporting or recommending or deciding any matter or
matters and may delegate to such Committee such of its powers or duties as
it may think fit. There shall be at least three such members in such
Committee.
Page 35 of 68
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
Revised existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER - X
Staff of Market Committee
Chief
57(1)
Executive of
Market
Committee
Every Market Committee shall have a Secretary who shall be the Chief Executive of the Market
Committee and the custodian of all the records and properties of the market and shall exercise
and perform the following powers and duties in addition to such other duties as may be
specified in this Act, the Rules or Bye-laws, namely:
(i) convene the meetings of the Market Committee and of the Sub-Committees, if any, and
maintain minutes of the proceedings thereof;
(ii) attend the meetings of the Market Committee and of every Sub-Committee and take part in
the discussions but shall not move any resolution or vote at any such meeting;
(iii) take action to give effect to the resolution of the Committee and of the Sub- Committees,
and report about all actions taken in pursuance of such resolution to the Committee as soon as
possible;
(iv) prepare the budget proposal, place it before the Market Committee and submit the
approved Budget proposal to the Board before 31st January every year;
(v) furnish to the Market Committee such returns, statements, estimates, statistics and reports.
of all Sub-Committees including the following reports.
(a) regarding the fines and penalties levied on and any disciplinary action taken against the
members of the staff and the market functionaries and others;
(b) regarding over-trading by traders;
(c) regarding contravention of the Act, the Rules, the Bye-laws of the standing orders by any
person;
(d) regarding the suspension or cancellation of licences;
(e) regarding the
administration of the Market Committee and the regulation of the marketing;
(vi) produce before the Committee such documents, books, registers and the likes as may be
necessary for the transaction of the business of the Committee or the Sub-Committee, and also
whenever called upon by the Market Committee to do so;
(vii) exercise supervision and control over all officers and servants of the Committee;
(viii) collect fees and other money leviable by or due to the Market Committee;
(ix) be responsible for all moneys credited to or received on behalf of the Market Committee;
(x) make disbursements of all moneys lawfully payable by the Market Committee;
(xi) report to the Chief Executive Officer of the Board and Director of Agricultural Marketing as
soon as possible in respect of fraud, embezzlement, theft or loss of Market Committee fund or
property;
(xii) prefer complaints in respect of prosecutions to be launched on behalf of the Market
Committee and conduct proceedings, civil or criminal, on behalf of the Market Committee.
18 Every Market Committee shall have a Secretary appointed by the Board
subject to such terms and conditions as may be prescribed
Page 36 of 68
Section 36 (1)
Adopted from Model
Act with modification
SUBTITLE
NEW
SECTION
PROPOSED ACT
2 The Secretary to Market Committee shall be appointed by the Board from the merit panel
maintained for the purpose. The Board shall draw upon such panel of the candidates which may
include professionals in case of shortage of qualified and suitable manpower in the Board from
open market to be appointed as Secretary as may be prescribed. The Chief Executive Officer of
the Board shall appoint Secretary to the Market Committee from the services of the Board and
such appointments shall be binding upon the Market Committee.
Appointme 58(1)
nt of staff
by the
Market
Committee
Every Market Committee may appoint such other officers and staff as may be necessary and
orooer for the efficient discharae of its duties;
Provided that no post shall be created without the prior sanction of the Chief Executive Officer of
the Board and Government.
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
Section 36(2)
Revised existing
provision
A Market Committee may also employ such other Officers and Staff as may Section 37 (1)
be necessary for the management of the market and may pay suchOfficers
and Staff such salaries a it may think fit :
Provided that, no new post of any category shall be created by the Market
Committees without obtaining prior approval of the State Government
through the Board and no new appointment shall be made in any capacity in
the Market Committee whether on fixed payor ad-hoc basis or otherwise
unless the post is approved by the State Government. The Market
Committee shall submit the respective lists of posts category-wise created
since its establishment and before the date of coming into force of the Assam
Agricultural Produce Market (Amendment) Act, 2000 to the Board within one
month from the date of commencement of the Assam Agricultural Produce
Market (Amendment) Act, 2000, for ex- post-facto approval of the
Government and the Board in turn submit the same before the State
Government within two months from the date of such coming into force for
ex-post-facto approval of the State Government
Revised existing
provision
18 Every Market Committee shall have a Secretary appointed by the Board
subject to such terms and conditions as may be prescribed
Page 37 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
2 The Board may make Bye-laws for regulating the appointment, pay, leave, leave allowances,
3(12)
pensions, gratuities, contribution to provident fund and other conditions of service of officers and
staffs appointed under sub- section (1) and for providing for the delegation of powers, duties and
functions to them.
(a) Subject to the provisions of this Act, and the I [section 37(2)] rules and the
Section 37(2)
bye-laws made there under the Board may employ such persons for the I
[Section 37 (2)J performance of the functions of the Board under this Act, and
may give them such remuneration as it may think fit and may suspend, remove,
dismiss otherwise punish any person so employed:
Provided that, no new post in any category shall be created by the Board
without obtaining prior approval of the State Government and the numbers of
existing posts category-wise already created by the Board since its inception
and before coming into force of the Assam Agricultural Produce Market
(Amendment) Act, 2000 shall be submitted by the Board for obtaining ex-postfacto concurrence of the State Government in this regard within one month
from the date of coming into force of the Assam Agricultural Produce Market
(Amendment) Act, 2000 and no person shall be employed by the Board in any
capacity and in any manner whether on fixed oav or on ad hoc basis or
otherwise if the creation of such post
has not been concurred by the State
Government as provided under this section.
Provided further that the Board may, with the approval of the State
Government and without any prejudice to the [generality] rule making power of
the State Government under section 49 of the Act, make bye-laws under subsection (14) of section 3 regulating the employment and conditions of service in
respect of any or all categories of officers and employees of, the [Board and]
Market Committees and such bye-laws shall, as nearly as may be, consistent
with the corresponding rules in respect of the Officers and employees of the
corresponding grade of the State Government. Any amendment to such byelaws once framed shall require approbation of at least three-fourth of the total
number of members of the Board in the meeting before approval of the
Government
[Provided also that the approval as required under the aforesaid provision, if
not received within a period of ninety days from the date of seeking thereof,
shall be deemed to have been approved on the expiry of the said period]
Adopted from Model
Act
3 Notwithstanding anything contained in this Act or any Rules or Bye-laws made there under, the
Chief Executive Officer of the Board shall transfer the officer and staff amongst the Regulated
Market Committees at 3 years interval in the month of December following transparent
counseling method. However, in special circumstances specifying reasons the Chief Executive
Officer with the approval of the Board may transfer any employee at any time.
No provision
Section 37(3)
Adopted from Model
Act
Page 38 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
4 The officer or staff concerned transferred under sub-section (3) shall:
(a) have his lien on the post held in the parent Market Committee;
(b) not be put to disadvantageous position in resoect of nav and allowances which hewould have
been entitled to, had he continued in the parent Market Committee; and
(c) be governed by such other terms and conditions including disciplinary control as the Chief
Executive Officer may, by general or special orders, specify.
5 Every Market Committee will make assessment
of manpower required for effective and
economical operation of Market Committees
and submit proposal to the Board once in five
years or otherwise as directed by the Board in
two categories (i) Permanent recruitment and
(ii) outsourcing. The Board will examine the
Market Committee's proposal and take a
decision with the approval of State
Government and recruit required personal of
competency following prescribed procedure.
Execution of
Contracts
EXISTING ACT PROVISION
No provision
19(1)
MODEL ACT
Section 37(4)
A Market Committee may also employ such other
No provision
Officers and Staff as may be necessary for the
management of the market and may pay such
Officers and Staff such salaries as it may think fit:
1 [Provided that no new post of any category shall be created by the Market
Committees without obtaining prior approval of the State Government
through the Board and no new appointment shall be made in any capacity in
the Market Committee whether on fixed payor ad-hoc basis or otherwise
unless the post is approved by the State Government. The Market
Committee shall submit the respective lists of posts category-wise created
since its establishment and before the date of coming into force of the Assam
Agricultural Produce Market (Amendment) Act, 2000 to the Board within one
month from the date of commencement of the Assam Agricultural Produce
Market (Amendment) Act, 2000, for ex- post-facto approval of the
Government and the Board in turn submit the same before the State
Government within two months from the date of such coming into force for
ex-post-facto approval of the State Government.)
REMARKS / CHANGES
/ INCORPORATION
Adopted from Model
Act
Revised existing
provision
6 A Market Committee may also, provide for payment of such leave allowances, pensions and
gratuities as it may deem proper and may contribute to any provident fund which may be
established for the benefit of such Officers and Staff
2 A Market Committee may also, provide for payment of such leave
Section 37
allowances, pensions and gratuities as it may deem proper and may
contribute to any provident fund which may be established for the benefit of
such Officers and Staff.
Adopted from existing
provision
7 The powers conferred by sub-section 6 on the Market Committee shall be exercisable by it subject
to any rules which may be made in this behalf by the Board.
3 The powers conferred by this section on the Market Committee shall be
No provision
exercisable by it subject to any rules which may be made in this behalf by the
Board.
Adopted from existing
provision
59 Every contract entered into by a Market Committee shall be in writing and shall be signed by its
Chairperson, Secretary and two other members of the Committee where one member will be
Chairman of the Sub-Committee concerned, if exists.
Every contract entered into by a Market Committee shall be in writing and
shall be signed by its Chairman, Secretary and two other members of the
Committee
Page 39 of 68
Section 34 (1), (2), (3), (4) & (5)]
Revised existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER XI
Regulation of Trading
Regulation 60(1)
of
marketing
of specified
agricultural
produce
[On and after the date of the publication of the notification under subSection 39 (1)
section (1) or at such later date as may be specified therein, no person shall,
except in accordance with the provisions of this Act, the rules and the byelaws framed there under(i) use any place in the market area for the marketing of specified agricultural
produce; or
(ii) operate in the market area as a market functionary].
On and after the date of the publication of the
notification under section 25 or at such later date
as may be specified therein, no person shall,
except in accordance with the provisions of this
Act, the rules and .the bye-laws framed there
under(i) use any place in the market area for the
marketing of specified agricultural produce; or
(ii) operate in the market area as a market
functionary
2 Nothing in the sub-section (1) shall apply (i) to the purchase or sale of such agricultural produce if the producer of such produce is himself
its seller and the purchaser is a person, who purchases such produce for his own private
consumption in quantity as prescribed; or
(ii) if such agricultural produce is sold by retail sale to a person who purchases such produce for
his own private consumption; or
(iii) which is brought for sale by head load;
Provided that the State Government by notification may withdraw this exemption specifying the
reasons therein in respect of such market area is specified in the notification
(iv) purchase of which is made by a Faria subject to submission of 'J' form; or
(v) purchase of which is made by an authorized fair price shop dealer from the Food Corporation
of India or any other agency or institution authorized by the State Government for distribution
of essential commodities through the public distribution system; or
(vi) the transfer of such agricultural produce to a cooperative societv for the purpose of securing
an advance there from but not on sale.
Sale of
61(1)
specified
agricultural
produce
All specified agricultural produce shall ordinarily
be sold in the market yard/sub-market yards,
subject to the provisions of sub-section (2);
Provided that the specified agricultural produce may also be sold at private market yards and
other places subject to the provisions of sections 69, 70 and 71
2 Such specified agricultural produce, as may be
brought by the licensed/ registered traders from
outside the market area or in the market area in
the course of commercial transaction or by way of
transportation, may be brought or sold anywhere
in the market area.
5A(1)
Adopted from existing
provision
Nothing in [sub-sections (1) and (2)] shall apply to the purchase or sale of
such agricultural produce if the producer of such produce is himself its seller
and the purchaser is a person, who purchases such produce for his own
private consumption or if such agricultural produce is sold by retail sale to a
person who purchases such produce for his ownprivate consumption.
Section 39 (2)
Adopted from Model
Act
All specified agricultural produce shall ordinarily be sold in the principal
market yard/sub-market yards, subject to the provisions of sub-section (2);
Provided that the specified agricultural produce may also be sold at private
market yards and other places subject to the provisions of sections 58, 5C
and 50.
Provided further that it shall not be necessary to bring agricultural produce
covered under contract farming to the principal market yard/sub-market
yard/private market yard and it may be directly sold to contract farming
sponsor from farmers' field.
Section 40 (1)
Revised existing
provision
2 Such specified agricultural produce, as may be brought by the licensed/
Section 40 (2)
registered traders from outside the market area or in the market area in the
course of commercial transaction or by way of transportation, may be
brought or sold anywhere in the market area.
Page 40 of 68
Adopted from Existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
3 The price of the specified agricultural produce, brought for sale into the Market Yard or SubMarket Yard, shall be settled by tender bid or open auction or in any other transparent system and
no deduction shall be made from the agreed price on any account whatsoever from the seller.
Provided that the price of specified agricultural produce in the private market yards shall be
settled in the manner as mav be prescribed
62(1)
EXISTING ACT PROVISION
MODEL ACT
3 The price of the specified agricultural produce, brought for sale into the
Section 40 (3)
principal market yard or sub-market yard, shall be settled by tender bid or
open auction or in -any other transparent system and no deduction shall be
made from the agreed price on any account whatsoever from the seller.
Provided that the price of specified agricultural produce in the private market
yards shall be settled in the manner as mav be prescribed
REMARKS / CHANGES
/ INCORPORATION
Adopted from Existing
provision
No provision
Section 40(4)
Adopted from Model
Act
Except in the commercial transaction between two traders, any other person who buys notified
agricultural produce in the market area shall execute an agreement in triplicate in such form, as
may be prescribed in favour of the seller. One copy of the agreement shall be kept by the buyer,
one copy shall be supplied to the seller and the remaining copy shall be kept in the record of
Market Committee
No provision
Section 41(1)
Adopted from Model
Act
2 (a) the price of the specified agricultural produce brought in the market yard/sub- market
yard/private market yard shall be paid on the same day to the seller in market yard/sub-market
yard/private market yard. Payment of specified agricultural produce purchased, out of such
yard/yards, shall also be made to the seller, if he is not a trader, on the same day there itself.
(b) in case purchaser does not make payment under clause (a), he shall be liable to make
additional payment at the rate of one percent, per day of the total price of the agricultural
produce, payable to the seller within five days.
(c) in case the purchaser does not make payment with addition;J1 payment to the seller under
clause (a) and (b) above, within five days from the day of such purchase, his licence shall be
deemed to have been cancelled on the sixth day and he shall not be licensed or granted any
licence or permitted to operate under this Act for a period of one year from the date of such
cancellation.
No provision
Section 41(2)
Adopted from Model
Act
3 No wholesale transaction of specified agricultural produce shall be entered directly by licensed
traders with producers of such produce except in the market yard/sub-market yard/ private
market yard or in such place in accordance with the provisions in the Bye- laws. Provided that
agricultural produce produced under contract farming, may be bought directlv bv contract
farmina buver anvwhere.
No provision
Section 41 (3)
Adopted from Model
Act
4 The Commission agent shall recover his commission only from his principal trader at such rates
as may be specified in the Bye- laws including all expenses as may be incurred bv him on storage
of the produce and other services rendered by Him
No provision
Section 41 (4)
Adopted from Model
Act
4 Weighment or measurement or counting of all the specified agricultural produce so purchased
shall be done by such a person and such system as is provided in the Bye- laws or at any other
place specified for the purpose by the Market Committee subject to compliance with Weights
and Measurement Act wherever applicable
Terms and
procedure
for buying
and selling
EXISTING
SECTION
Page 41 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
5 Every commission agent shall be liable(a) to keep the goods of his principal in safe custody without any charge other than the
commission payable to him, and
(b) to pay the principal, as soon as goods are sold, the price thereof irrespective of whether he
has and has not received the rice from the buver of such goods.
Power to
levy Cess by
Market
Committee
Power to
64(1)
levy Cess by
Board on
Behalf of
Market
Committee
63 Every Market Committee shall levy and collect cess from the buyer or processor as the case
21(1)
maybe- (i) on the sale or purchase of specified agricultural produce, whether brought from
within the State or from outside the State, into the market area;
(ii) on the specified agricultural produce whether brought from within the State or from outside
the State, into the market area for processing; at a rate not exceeding two rupees for every one
hundred rupees of the aggregate amount for which a specified agricultural produce is bought or
sold or for process in the market area whether for cash or for deferred payment or other
valuable considerations.
The Assam State Agricultural Marketing Board shall also have the power .to levy and collect
market fee for any or all of the Market Committee(s) in the market areas in addition to the powers
of the Market Committee (but not both), whenever felt necessary with approval of the State
Government, for a specific period . The Board will transfer the collected cess to the concerned
Market. Committee after deducting all dues to the Board.
Explanation :- The cess referred to in section 63 and 64 .shall be paid by the buyer I trader and
processor as the case may be of the specified agricultural produce concerned.
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
No provision
Section 41 (5)
Adopted from Model
Act
Every Market Committee shall levy and collect a cess on the agricultural
produce bought or sold in the market area at a rate not exceeding two
rupees for. every one hundred rupees of the aggregate amount for which a
specified agricultural produce] is bought or sold whether for cash or for
deferred payment or other valuable considerations
Section 42 (1), (2), (3), (4), (5) & (6)
Adopted from
existeing provision
and Model Act
2 The Assam State Agricultural Marketing Board shall also have the power to No provision
levy and collect cess for any or all of the Market Committee(s) in the market
areas in addition to the powers of the Market Committee (but not both),
whenever felt necessary with approval of the State Government, on the
agricultural produce bought or sold in such market area(s) at a rate not
exceeding two rupees for every one hundred rupees of aggregate amount for
which a specified agricultural produce is bought or sold whether for cash for
deferred payment or other valuable considerations
2 No cess will be levied on goods manufactured from the agricultural produce on which cess is
proposed to be levied and which are ultimately exported out of the Country Further; no cess shall
be levied on sales or purchases made directly by the Central Government or the State
Government.
3 No cess will be levied on goods manufactured
from the agricultural produce on which cess is
proposed to be levied and which are ultimately
exported out of the Country
3 (i) Cess specified in sub-section (1) shall not be levied for the second time in any market area of
the State, provided that market fee has already been paid on that agricultural produce in any
market of the State and the information in this context has been furnished, as prescribed, by the
concerned person that the payment of market fee has already been made in other market.
(ii) Cess shall not be levied more than once in any market area in case the agricultural produce is
being resold in the process of commercial transaction between traders or to consumers,
provided that the information as prescribed has been furnished by the concerned person that
thepayment of due market fee has already been made on it.
Rule 21 (1) of the Assam Agricultural Produce
Market (General) Rules, 1975
Page 42 of 68
Revised existing
provision
Section 56
Revised existing
provision
Section 42 (2)
Adopted from Model
Act
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
REMARKS / CHANGES
/ INCORPORATION
Section 42 (3)
Adopted from Model
Act
No provision
Section 42(5)
Adopted from Model
Act
No provision
Section 43(1)
Adopted from Model
Act
For prevention of the evasion of cess on Specified Agricultural Produce the
Market Committee shall establish check-gates at different points within the
Market Area whenever felt necessary with the prior approval of the Board.
[No provision]
Revised existing
provision
[No provision]
Revised existing
provision
4 On the agricultural produce brought in the market area for commercial transaction or for
processing, if the permit issued under section 65 has not been submitted, the cess shall be
deposited by the buyer or processor, as the case may be, in the office of the Market Committee,
within fourteen days; but before sale or resale or processing or export outside the market area.
Provided that in case any specified agricultural produce is found to have been processed, sold or
resold or dispatcheiJ outside the market area without payment of cess payable on such produce,
the cess shall be levied and recovered on five times the market value of the processed produce
or value of the agricultural produce, as the case may be
No provision
5 In case of agricultural produce brought into Assam and levied and collected cess by the Board on
behalf of Market Committee, concerned Market Committee shall not levy again at the time of
receiving the consignment. But in case the buyer has not paid cess then cess will be levied by the
concerned Market Committee
No provision
6 The market functionaries, as the Market Committee may, by Bye-laws specify, shall maintain
account relating to sale and purchase or processing or value addition in required forms and
submit to the Market Committee periodical returns as may be prescribed.
Permission
for
transportati
on of
specified
agricultural
produce
65 Any specified agricultural produce shall be removed out of the market area only in the manner
and in accordance with the permit issued in such form as is prescribed by the Board and not
otherwise.
Provided that the receipt issued by the seller will have to be kept with as the time of
transportation of processed product of agricultural produce.
Provided also that the producer of the agricultural produce himself may take the agricultural
produce from one place to another without permit as is prescribed bv the Board
Prevention
of evasion
of Cess
66 For prevention of the evasion of cess on specified agricultural produce the Board may establish
Check-gates at different locations including inter- state . borders within the State whenever felt
necessary with the prior approval of the State Government.
21 A(1)
MODEL ACT
2 [In case of any specific need for prevention of evasion of cess the Assam
State Agricultural Marketing Board may also establish composite check
gate(s) for •all Market Committees and/ or any check gate at any points
within any market area of any Market Committee whenever felt necessary
with approval of the State Governrnent.
Page 43 of 68
SUBTITLE
NEW
SECTION
Certain
67(1)
difference
regarding
constructio
n of Rules
etc about
weights and
measures to
be decided
by the
Market
Committee
PROPOSED ACT
Notwithstanding anything contained in the Assam Weights and" Measures (Enforcement) Act,
22(1)
1956, if any difference arises between the Inspector or any other Officer, empowered to enforce
the aforesaid Act and any person interested, as to the meaning or construction of any rule framed
under the aforesaid Act, as to the method of evolving, adjusting or stamping any weight or
measure or weighing or measuring instrument in any market area, such difference may, at the
request of the person interested or by the Inspector or the Officer of his own accord, be referred
to the Market Committee of the area and the decision of the Market Committee shall subject to
the provisions of the sub-section (2) be final and deemed to have been given under the Assam
Weights and Measures (Enforcement) Act, 1956
2 An appeal shall lie against the decision of the Market Committee within thirty days (excluding the
time required for taking copies) from the date of the decision under sub-section (1) to the State
Government or such Officer, as the State Government may appoint in this behalf. The decision of
the State Government or such Officer as the case mav be on 'such appeal shall be final.
Licensing of 68(1)
Market
Functionari
es
EXISTING
SECTION
Where a Market Committee is established in any area, no person shall, subject to the provisions of
section,- 36,61, 69,70,71 and 7.2.use any place for buying and selling of specified agricultural
produce and function as a trader, commission agent, broker, weighman, measurer, surveyor,
warehouseman, transporter, processor, hammal, stockiest or in any other capacity as market
functionary within the market area unless a licence is issued to such person by the Market
Committee on payment of such fee and subject to such conditions as may be prescribed.
2 Every application for obtaining licence subject to the provision of section 68(1) shall be
accompanied with such fees as the Board may prescribe.
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
Notwithstanding anything contained in the Assam Weights and Measures
Section 33 (1), (2), (3), (4), (5) & (6)
(Enforcement) Act, 1956, if any difference arises between the Inspector or
any other Officer, empowered to enforce the aforesaid Act and any person
interested, as to the meaning or construction of any rule framed under the
aforesaid Act, as to the method of evolving, adjusting or stamping any weight
or measure or weighing or measuring instrument in any market area, such
difference may, at the request of the person interested or by the Inspector or
the Officer of his own accord, be referred to the Market Committee of the
area and the decision of the Market Committee shall subject to the
provisions of the sub-section (2) be final and deemed to have been given
under the Assam Weights and Measures (Enforcement) Act, 1956
2 An appeal shall lie against the decision of the Market Committee within thirty No provision
days (excluding the time required for taking copies) from the date of the
decision under sub-section (1) to the State Government or such Officer, as
the State Government may appoint in this behalf. The decision of the State
Government or such Officer as the case mav be on such appeal shall be final
Revised existing
provision
Where a Market Committee is established in any area, no person shall,
subject to the provisions of section 5A, 58, 5C, 5D, 5E and 5F, use any place
for buying and selling of specified agricultural produce and function as a
trader, commission agent, broker, weighman, measurer, surveyor,
warehouseman, transporter, processor, or in any other capacity as market
functionary within the market area unless a licence is issued to such person
by the Market Committee on payment of such fee and subject to such
conditions as may be prescribed.
Section 44 (1)
Revised existing
provision
No provision
Section 44(2)
Adopted from Model
Act
Page 44 of 68
SUBTITLE
NEW
SECTION
Establishme
nt of Private
market
yards and
Direct
purchase of
Agricultural
produce
from
agriculturali
sts/produce
Establishme 70(1)
nt of
Consumer/f
armer
market
(Direct sale
by the
producer)
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
3 The Market Committee may grant or renew the licence or refuse to grant or renew the licence
to the market functionaries of section '69 on the basis of one or more of the following reasons;
(i) the applicant is a minor or not bonafide;
(ii) the applicant has been declared defaulter under the Act or Rules made there under and Byelaws;
(iii) the applicant has been found guilty under this Act.
No provision
Section 44(3)
Adopted from Model
Act
4 (i) The applications received under sub- section (1) shall be disposed off by the Market
Committee as required in sub- section (3) in four weeks: but if the Market Committee fails to
dispose off applications in four weeks, then(a) the applicant shall remind in writing the Market Committee, in respect of his application,
(b) moreover, the applicant shall also I inform in writing to th. e authority l prescribed by the
Chief Executive I officer in this regard. The Chief Executive Officer will notify the Prescribed
Authority. within 3 months of notification of this Act.
(ii) on expiry of period of two weeks after submitting the reminder if the application is not
disposed off, it shall be deemed that the licensing or its renewal, as the case may be, has been
granted. (iii) the prescribed authority on the basis of information received by him _and after
expiry of time of two weeks, shall only confirm that application for licensing/ renewal was
submitted to the Market Committee and due action has not been taken by the Market
Committee for disposal of the same then he shall issue a certificate under clause (ii) of subsection (4) regarding grant of deemed licensing or its deemed renewal within two weeks time
No provision
Section 44(4)
Adopted from Model
Act
5 All the licence granted and renewed under this section shall be subject to the provisions of this
Act, Rules and Bye-laws made there under.
No provision
Section 44(5)
Adopted fromModel
Act
Director may issue registration in the prescribed manner to purchase
agricultural produce by establishing private market yard or direct from
agriculturist, in one more market area for (a) process of the specified agricultural produce;
(b) trade of specified agricultural produce particular specification;
(c) export of specified agricultural produce;
(d)grading, packaging and transaction in other way by value addition of
specified agricultural produce.
Section 45
Adopted from existing
provision with
modification
69 Director of Agricultural Marketing may issue licence in the prescribed manner to purchase
agricultural produce by establishing private market yard or direct from agriculturist/ producers in
one or more market area for (a) process of the specified agricultural produce
(b) trade of specified agricultural produce of particular specification;
(c) export of specified agricultural produce;
(d) grading, packaging and transaction in other way by value addition of specified agricultural
produce.
Consumer/ farmer market may be established by developing infrastructure, by any person or
group of persons or a body corporate or the Market Committee in any market area. At such place,
producer of agricultural produce himself may sell his produce directly to the consumer.
Provided that, the consumer shall not purchase more than such quantity of a commodity at a time
in the consumers market as may be prescribed.
5B
Consumer/ farmer market may be established by ) developing infrastructure, Section 46 (1), (2), (3) & (4)
by any person or group of persons or a body corporate other than the Market
Committee in any market area. At such place, producer of agricultural
produce himself may sell his produce directly to the consumer.
Provided that, the consumer shall not purchase more than such quantity of a
commodity at a time in the consumers market as may be prescribed.
Page 45 of 68
Adopted from existing
provision.
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
2 Licence for establishment of consumer/farmer market shall be granted by the Director of
Agricultura!J!larketiag in such manner as may be prescribed.
3 Save as otherWise provided in this Act no cess shall be leviable on the transactions Act
undertaken in the consumer/ farmers market
Grant /
71(1)
renewal of
license of
Private
Market
Yard,
Consumer/F
armer
Market
Any person who, under section 69 desires to purchase specified agricultural produce direct from 5D(1)
the agriculturists/ producers or wishes to establish a private market yard or under section 70
desires to establish consumer/farmer market in one or more than one marh.et area, shall apply
to the Director of Agricultural Marketing for grant or renewal of licence, as the case may be, in
the manner and for the period as may be prescribed
2 Along with every such application for licence under section 69, ZO and 71, fee prescribed, by
Director of Agricultural Marketing, shall be deposited.
Power to
72(1)
cancel or
suspend the
License
EXISTING ACT PROVISION
-2 Registration of establishment of consumer! farmer market shall be granted
by the Director in such manner as may be prescribed.
3 No provision
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
Section 47
Revised existing Act
Section 46(3)
Adopted from Model
Act
Any person or any group of persons or a body corporate other than the
Section 47(1)
Market Committee, who desire to purchase specified agricultural produce
direct from the agriculturists or wish to establish a private market yard under
section 58 or desire to establish consumer! farmer market in one or more
than one market area under section 5C shall apply to the Director for grant or
renewal of the registration, as the case may be, in the manner as mav be
prescribed.
Revised existing
provision
Section 47(2)
Revised existing
provision
-2 Along with every such application for registration or renewal thereof, the
prescribe fees shall be deposited.
3 Application received under sub-section (1) for grant or renewal of licence may be accepted or
rejected for reasons recorded in writing by the Director of Agricultural Marketing, as the case
may be provided; (i) if the Market .Committee dues are outstanding against the applicant, the
licence shall not be grantedlrenewed;
(ii) the applicant is a minor or not bonafide;
(iii) the applicant has been declared defaulter under the Act and Rules and Bye-laws made there
under;
(iv) any other reasons as may be prescribed,
The Director shall grant the registration or a renewal thereof in the
prescribed manner or may refuse the same on anyone or more of the
following grounds, to be recorded in writing, as the case may be:- (i) If the
Market Committee's dues are outstanding registration against, the
registration shall not be granted/renewed;
(ii) If the applicant is a minor;
(iii) If the applicant has been declared as a defaulter under the Act and rules
made there under;
(iv) Such other reasons as may be prescribed.
Section 47 (3)
Adopted from Model
Act
4 All the licence grantedlrenewed under this section shall be subjected to provisions of this Act,
Rules or Bye-laws made there under,
While granting registration or a renewal thereof under this section, the
Section 47 (4)
Director shall specify that no amount shall be realized on any accounts by the
owner of the market from the seller of a aricultural produce.
Adopted from Model
Act
Subject to the provisions of sub-section(2), the Director may, for the reasons Section 48(4)
to be communicated in writing to the registration holder, suspend or cancer
the registration, if :
(a) if the licence has been obtained through wilful misrepresentation or
fraud; or (a) the registration has been obtained through
(b) if the holder of the licence or any servant wilful misrepresentation or
fraud; or anyone acting on his behalf with his . . (licence holder's)
expressed or implied (b) the holder ?f the registration or anyone
permission, commits a breach of any of acting on his behalf commits .a
breach of the terms or conditions of licence' an~ one or more of the
conditions of the , " registration;
(c) If the holder of licence in combination with other licence holder commits
any (c) the holder of the registration commits any act or abstains from
carrying on his act or abstains from carryinq on his normal normal business
in the market area with business in the market area with the the intention
f f
f
Revised existing
provision
Subject to the provisions of sub-section 4, the Director of Agricultural Marketing who grants
5E(1)
licence may, for the reasons to be communicated to the licence holder in writing, suspend or
cancel the licence:
(a) if the licence has been obtained through wilful misrepresentation or fraud; or
(b) if the holder of the licence or any servant or anyone acting on his behalf with his (licence
holder's) expressed or implied permission, commits a breach of any of the terms or conditions of
licence'
(c) If the holder of licence in combination with
other licence holder commits anyact or abstains from carrying on his normal business in the
market area with the intention of wilful obstructing,suspending or stopping the marketing 'of
specified agricultural produce in the market yard/ sub-market yard and inconsequence whereof
the marketing of any specified, agricultural produce has been obstructed, suspend or stopped;
(d) the holder of the licence has become an Insolvent;
(e) if the holder of the licence incurs any disqualification, as may be prescribed'
(f) if the holder of licence is convicted of any offence under the Act then within one year of the
conviction if the conviction is for the first time and within three years for subsequent conviction
Page 46 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
of wilful obstructing, intention of obstructing, suspending. or suspending or
stopping the marketing 'of stopping the marketing of specified specified
agricultural produce in the agricultural produce in the principle market
market yard/ sub-market yard and in yard/ sub-market yards and
inconsequence consequence whereof the marketing of thereof the
marketing of any specified any specified, agricultural produce has
agricultural produce has been obstructed, been obstructed, suspend or
stopped; suspended or stopped;
(d) the holder of the licence has become an (d) the holder of the registration
has become Insolvent;
(e) if the holder of the licence incurs any disqualification, as may be
prescribed' (e). the holder of the registration Incurs any
(f) if the holder of licence is convicted of any offence under this Act.
Appeal
73(1)
2 Subject to the provisions of sub-section 4, the Licensing Authority may, after communicating the 5E(2)
reasons in writing to the licence holder; suspend a licence for the period not exceeding one
month on any reason for which Licensing Authority may suspend a licence under sub-section (1).
Provided that such order shall cease to have effect on expiry of a period of 15 days from the
date on which it is made, unless confirmed by the Licensing Authority before such expiration.
No registration shall be suspended or cancelled under this section without
giving a reasonable opportunity to its holder to show cause against such
suspension or cancellation.
Section 48 (2)
Adopted from Model
Act
3 Notwithstanding anything contained in sub- section 1, but subject to the provisions of subsection 4, the Licensing Authority may, for the reasons to be communicated in writing to the
licence holder, by order suspend or cancel his/ its licence granted or renewed by the Market
Committee.
No provision
Section 48 (3)
Adopted from Model
Act
4 No licence shall be suspended or cancelled under this section without giving a reasonable
opportunity to its holder to show cause against such suspension or cancellation.
No registration shall be suspended or cancelled under this section without
giving a reasonable opportunity to its holder to show cause against such
suspension or cancellation
Section 48 (4)
Revised existing
provision
Any person aggrieved by an order of the Secretary to the Market Committee or the Director of
Agricultural Marketing passed under section 68, 69, 70, 71, 72 or 111 as the case may be,-prefer
an appeal:
(a) to the Market Committee, where such order is passed by the Secretary to the Market
Committee within seven days of receipt of the order;
(b) to the Chief Executive Officer of the Board, where such order passed by the Market
Committee within thirty days of receipt of the order;
(c) to the State Government, where such order is passed by the Director of Agricultural
Marketing, within thirty days of receipt of the order; in such manner, as may be prescribed.
Any aggrieved person, concerning any matter under section 58, 5e, 5D and
Section 49
5E or a contract farming sponsor or producer under section 5F against the
decision of the Director or any aggrieved person under section 5G against the
decision of the Director, any prefer an appeal before the State Government
in the prescribed manner whose decision thereon shall be final and shall not
be called in question in any court of law.
2 The Appellate Authority, if it considers necessarv to do so, grant a stay of the order appealed
against for such period as it may deem fit. However, the appeal shall be disposed within 90
days. The order passed by the Appellate A,I!.thority, subject to the order in the appeal under this
section, shall be final and shall hot be called in auestion in anv Court of Law
Page 47 of 68
Adopted from Model
Act
SUBTITLE
NEW
SECTION
Redressal of 74(1)
dispute
between
Private
market or
Consumer
market and
Market
Committee
PROPOSED ACT
Dispute between the Private market and Consumer market and Market Committee, shall be
5G
referred toan« Director of Agricultural Marketing. The dispute shall be resolved after giving
both parties a reasonable opportunity of being heard, in the manner prescribed. Appeal in these
matters lie with the State Government.
2 The decision given by the State Government under sub-section (1) above hall be final and shall
not be called in question in any Court of Law.
Prohibition
of Trade
allowances
Power to
76(1)
order
production
of accounts
and entry,
inspection
& seizure.
EXISTING
SECTION
75 No person shall make or recover any trade allowance in any market or market area in any
transaction in respect of any agricultural produce.
Explanation- For the purpose of this section, trade allowance means any deduction in cash or
kind, in price or rate of agricultural produce on account of any variation in the quality, weight,
grade, container, sample or admixture
EXISTING ACT PROVISION
MODEL ACT
Any dispute between the owners of private market yards, consumer/farmer Section 50 (i)
market and the Market Committee shall be referred to the Director or his
representative or any other officer authorized by the State Government in
this regard. The dispute shall be resolved after giving both the parties a
reasonable opportunity of being heard. Appeal against the decision may be
preferred for disposal under section 5H in such manner as may be prescribed
No provision
Section 50 (ii)
29 No person shall make or recover any trade allowance other than an
Section 51
allowance prescribed by rules or bye-laws made under this Act, in any market
areas in any transaction in respect of the [specified agricultural produce] 1
concerned and no Civil Court shall, in any suit or proceeding arising out of any
such transaction, have regard to or recognize any trade allowance not so
prescribed.
Explanation - Every deduction, other than a deduction on account of
deviation from sample when the purchase is made by sample or on account
of deviation from standard, when the purchase is made by reference to a
know standard or on account of difference between the actual weights of the
container and the standard weight or on account of the admixture of foreign
matter shall be regarded as a trade allowance for the purposes of this
section.
REMARKS / CHANGES
/ INCORPORATION
Revised Existing Act
Adopted from Model
Act
Obtained from
Maharastra Act
(Section 39)
The Secretary of the Market Committee or any officer authorized by the Board or any officer of
the State Governmentempowered by it in this behalf mav, for the purposes of this Act,require
any person carrying on business in any kind of specified agricultural produce to produce before
him the accounts and other documents and to furnish any information relating to stocks of such
agricultural produce or purchase, sale, processing, value addition and delivery of such
agricultural produce by such person and also to furnish any other information relating to
payment of market fees bv such person.
2 All accounts and registers maintained by any person in the ordinary course of business of any
specified agricultural produce and documents relating to stocks of such agricultural produce or
purchase, sale, processing, value addition of such agricultural produce in his possession and
offices, establishment, godowns, vessels or vehicles of such persons shall be kept open for
inspection at all reasonable time by such officers and officers of the Board and Market
Committee and officer as may be authorized bv the State Government in this behalf.
No provision
Section 52(1)
Adopted from Model
Act
No provision
Section 52(2)
Adopted from Model
Act
3 If any such officer has reasons to suspect that any person is attempting to evade the payment of
any cess due from him under section 63 or 64 or that any person has purchased, sold, processed
or value added any specified agricultural produce in contravention of any of the provisions of
this Act or the Rules or the Bye-laws in force in the market areas, he may be communicating in
writing to such person, seize such accounts, registers or documents' of such a person, as may be
necessary, and shall grant a receipt for the same and shall retain the same only so long as may
be necessary for examination thereof or for a prosecution.
No provision
Section 52(3)
Adopted from Model
Act
Page 48 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
4 For the purposes of sub-section 2 or sub- section 3 such officer may enter or search any place of
business, warehouse, office, establishment, godown, vessel or vehicle where such officer has
reason to believe that such person keeps or for the time being has kept accounts, registers or
documents of his business, or stock of specified agricultural produce related to business.
No provision
Section 52(4)
Adopted from Model
Act
5 The provisions of section 100 (4) to (8) of the Code of Criminal Procedure, 1973, shall, so far as
may be, apply to a search under sub- section 4
No provision
Section 52(5)
Adopted from Model
Act
6 Where any books of accounts or other documents are seized from any place and there are such
entries therein making reference to quantity, quotations, rates, receipts or payment of money
or sale or purchase of goods, such books of accounts or other documents shall be admitted in
evidence witness having to appear to prove the same, and such entries shall be prima facie
evidence of matters, transactions and accounts purported to have been recorded therein.
No provision
Section 52(6)
Adopted from Model
Act
7 If such officer has reason to suspect that any person is attempting to evade payment of any cess
due from him under section 63 or 64, he may, while seizing accounts registers or documents
under sub-section 3 also seize so much of the specified agricultural produce as in his opinion
would be sufficient to meet the amount of cess or other amount which may be found due from
such person and retain the same with him until the cess or other amount paid or for ten days,
whichever is earlier. After the expiry of the period of ten days, if the cess or other amount due is
not paid, the officer shall dispose of the specified agricultural produce in public auction and
adjust the sale proceeds towards the cess or other amount due, the excess amount shall after
deducting the charges incurred by the Market Committee, be refunded in the prescribed
manner.
Provided that in the case of perishable specified agricultural produce, the officer may I.
'dispose of the same before the expiry of the period of ten days if in his opinion such disposal is
necessary
No provision
No provision
Karnataka APM Act
(Section 66(7)
Submission
of Accounts
by Licensees
77 Every licensed dealer such as trader,processor or commission agent carrying on business of
specified agricultural produce shall submit to the Market Committee a return on account of
business of purchase and sales of specified agricultural produce as prescribed.
No provision
Section 53
Adopted from Model
Act & Rule 23 of
Assam Agricultural
Produce
Market(General)
Rules, 1975
Assessment
of cess on
his own
motion by
the
Secretary
payable to
Market
Committee
by licensed
functionarie
s
78 If any person required to produce accounts or furnish information under section 77 fails to
produce euch accounts or to furnish information or knowingly furnishes incomplete or incorrect
accounts or information or has not maintained proper accounts of the business of the specified
agricultural produce, the Secretary to the Market Committee on the advice of Sub Committee
and other provisions of the Act, on his own motion, shall assess such person for cess levied under
section 63 or 64 on the basis of information available with the Market Committee and as
prescrlbed.
No provision
Section 54
Adopted from Model
Act & Rule 21 of
Assam Agricultural
Produce
Market(General)
Rules, 1975
Page 49 of 68
SUBTITLE
NEW
SECTION
Power to
79(1)
stop
vehicles and
inspect
store
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
At any time when so required(i) by any officer or servant of the board or any officer or servant of the Government,
empowered by the Board or the Government in this behalf in any market area, or
(ii) by any officer or servant of the Market Committee empowered by the Market Committee in
this behalf in the market area concerned, may order the driver or any other person in charge of
the vehicle, vessel or other conveyance shall stop the vehicle, as the case may be, and keep it
stationary, as long as may reasonable be necessary, duly considering the perishability of
produce and allow such person to examine the contents in the vehicle, vessel or other
conveyance and inspect all records relating to specified agricultural produce carried, and give
his name, address and name and address of the owner, of the vehicle, vessel or other
conveyance and name and address of the owner of the specified agricultural produce carries in
such vehicle, vessel or other conveyance.
Provided that no such order for making the vehicle stationarv and inspection can be undertaken
without issuing a formal notice. The notice should contain the name of the officer, designation,
establishment name, contact phone number and time of notice.
Provided further that, after inspection, the concern officer should also provide a copy of
inspection report to the vehicle driver/ conveyancee incharge about the officer's observation
and time for which the vehicle was made stationary with reasons.
No provision
Section 55(1)
Adopted from Model
Act
2 Persons empowered under sub-section (1) shall have power to seize any specified agricultural
produce brought into or taken out or proposed to be taken out of the market area in any vehicle,
vessel or other conveyance, if such person has reason to believe that any fee or other amount
due under this Act or the value payable to the seller in respect of such produce has not been
paid. The officer empowered in this behalf may seize so much of the specified agricultural
produce as in his opinion would be sufficient to meet the amount of fee or other amount due
and retain the same with him until the fee or other amount due is paid or for ten days,
whichever is earlier. After the expiry of the period of ten days, if the fee or other amount due is
not paid, the officer shall dispose of the specified agricultural produce in public auction and
adjust the sale proceeds towards the fee or other amount due. If the sale proceeds are more
than the fee or other amount due, the excess amount shall, after deducting the charges incurred
by the Market Committee, be refunded in the prescribed manner:
Provided that in the case of perishable specified agricultural produce, the officer may dispose of
the same before the expiry of the period of ten days is in his opinion such disposal is necessary.
No provision
Section 55(2)
Model Act, (Section
55(2) and Karnataka
APM (Regulation &
Development) Act,
1966(Section 76(1)
Page 50 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
Section 55(3)
Adopted from Model
Act
No provision
Section 57(1)
Adopted from Model
Act & Revising the
Rule 5(7) of the Assam
Agricultural Produce
Market (General)
Rules, 1975
2 The Market Committee may sanction and cause to undertake execution of construction works
out of its fund subject to the administrative and technical approval of the Board.
No provision
Section 57(2)
Adopted from Model
Act
3 In case Chief Executive Officer of the Board does not inform about the decision of the Board in
regards administrative approval and technical sanction of the Board within 2 months, it will be
presumed to have been sanctioned.
No provision
No provision
New Provision
4 No expenditure shall be incurred by a Market Committee on any item if there is no provision in
the sanctioned budget thereof unless it can be met by re-appropriation from saving under any
other head. The sanction for re- appropriation may be obtained from the Board provided that in
case of re-appropriation from minor heads under one major head, sanction for re-appropriation
will not be required.
No provision
Section 57(3)
Adopted from Model
Act
5 A Market Committee at any time during the year for which any budget has been sanctioned,
cause a revised or supplementary budget to be passed and sanction in the same manner as if it
were an original budget.
No provision
Section 57(4)
Adopted from Model
Act
6 The Market Committee is empowered to undertake minor works of amount not exceeding
50,000.00 per annum subject to the budget provision. This does not require administrative or
technical approval.
No provision
No provision
New Provision
7 The Chief Executive Officer of the Board while according sanction for construction work may at
his discretion, direct that the execution of the works shall be entrusted to the Board or Market
Committee or Public Works Department of the State Government or any other agency
authorized by the State Government for this purpose or to firm selected under transparent and
competitive bidding on turnkey basis as decided by the Board.
No provision
Section 57(6)
New Provision
3 If any person empowered under sub-section (1) has reason to suspect that any person is
attempting ro evade thepayment of any market fee due from him under section 63 or 64 or that
any person has purchased or stored any specified agricultural produce in contravention of any of
the provisions of this Act or the Rules or the Bye-laws in force in the market area, he may enter
or search any place of business, warehouse, office, establishment or godown where the person
empowered under sub-section (1) has reason to believe that such person keeps or has for the
time being kept stock of specified agricultural produce and may seize the stored agricultural
produce and such seized specified agricultural produce may be confiscated in favour of the
Market Committee as prescribed for this purpose.
Provided that the reasonable opportunity of hearing shall be given to the person concerned
before confiscation of the agricultural produce.
No provision
CHAPTER XII
Market Committee Fund and Budget
Preparation 80(1)
ans
sanction of
Budget
Every Market Committee shall prepare and pass the budget of its income and expenditure for
the ensuing year in the prescribed form and shall submit it to the Chief Executive Officer of the
Board in the t" week of February every year for sanction before the prescribed date every year.
The Chief Executive Officer shall sanction the budget with or without modification as approved
by the Board within two months from the die date of receipt thereof. If the budget is not
returned by the Chief Executive officer before the last week of March, it shall be presumed to
have been sanctioned.
Page 51 of 68
SUBTITLE
NEW
SECTION
Market
81(1)
Committee
fund
Purpose for
which
Market
Committee
fund shall
be
expended
PROPOSED ACT
All money received by a Market Committee subject to sub-section (2 ) shall be paid into a fund to
be called "The Market Committee Fund" and all expenditures incurred by the Market Committee
under or for the purpose of this Act, shall be defrayed out of the said fund: Subject to the
provisions of section 19 any surplus remaining with the Market Committee after such expenditure
shall be invested in the manner as provided under section 82.
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
23 All money received by a Market Committee shall be paid into a fund to be
Section 58 (1), (2) & (3)
called "The Market Committee Fund" and all expenditures incurred by the
Market Committee under or for the purpose of this Act, shall be defrayed out
of the said fund. [Subject to the provisions of section 3D any surplus
remaining with the Market Committee after such expenditure shall be
invested in the manner as provided under section 25.)
REMARKS / CHANGES
/ INCORPORATION
Revised existing
provision
2 Any money received by the Market Committee by way of arbitration fee or as security for costs
in arbitration proceedings relating to disputes or any money received by the Committee by way
of security deposit, contribution to provident fund or for payment in respect of any specified
agricultural produce, or charges payable to weighmen, hammal and other functionaries and
such other money received by the Market Committee may be provided in the Rules or Bye-laws
shall not form part of Market Committee fund, and shall be kept in such manner as may be
prescribed.
No provision
Section 58(2)
Adopted from Model
Act
3 Save as otherwise provided in this Act, the amount to the credit of the Market Committee fund
and also other money received by the Market Committee shall be kept in a scheduled Cooperative Bank or in Nationalized Bank or
in Post Office Saving Bank or in any other mode with the approval of the' Market Committee
No provision
Section 58(3)
Adopted from Model
Act
82 Subject to the provisions of the Act, the Market Committee fund shall be expended for the
following purposes, namely(i) contribution to State Agricultural
Marketing Board as prescribed;
(ii) to meet the establishment charges' including payment and contribution towards provident
fund , pay, pensions, leave, allowance, gratuities, compensations for injuries resulting from
accidents, compassionate allowances and contribution towards leave allowances, pensions of
provident fund of the Officers and Staff employed by it;
(iii) the expenses of and incidental to elections of the Market Committee;
(iv) maintenance, the establishment and improvement of the market;
(v) the construction and repair of buildings necessary for the purposes of such market and for the
healthyconvenience and safety of the persons using it;
(vi) to provide facilities like grading, standardization and quality certification services and
communication to agriculturist! producer in the market area;
(vii) the provision and maintenance of standard weights and measures;
(viii) collection and dissemination of information regarding matters relating to crop statistics and
marketing in respectof the agricultural produce notified under Section 25;
(ix) contribution to any scheme for development of agricultural marketing including transport;
(x) incurring of all expenses on research, extension and training in marketing of agricultural
produce;
(xi) prevention, in conjunction with other agencies, State, Central and others of
distress sale of agricultural produce;
(xii) fostering co-operative marketing and assisting . co-operative marketing societies/growers'
societies in the procurement . and organization of profitable disposal of produce particularly
the produce belonging to small and marginal farmers;
(xiii) to create and promote on its own or through public private partnership infrastructure of post
harvest handling of agricultural produce, cold storages, pre- cooling facilities pack houses and all
such infrastructure to develop modern market systems;
(xiv) the acquisition of a site or sites for the market;
(xv) payment of interest on the loans that may be raised for the purposes of the market and the
provisions of sinking fund in respect of such loans;
25 Subject to the provisions of Section 23 the Market I [section 59J Committee Section 59
fund shall be expended for the following purposes, namely(i) contributing to general revenues of the Board, [Zilla Parishadsj2, Gaon
Panchayats, Town Committees and Municipal Boards as the State
Government may direct;
(ii) payment of interest on the loans that may be raised for the purposes of
the market and the provisions of sinking fund in respect of such loans;
(iii) the acquisition of a site or sites for the market;
(iv) the maintenance and improvement of the market;
(v) the construction and repair of buildings necessary for the purposes of
such market and for the healthy convenience and safety of the persons using
it;
(vi) the provision and maintenance of standard weights and measures;
(vii) pay, pensions, leave, allowance, gratuities, compensations for injuries
resulting from accidents, compassionate allowances and contribution
towards leave allowances, pensions of provident fund of the Officers and
Staff employed by it;
(viii) the expenses of and incidental to elections of the Market Committee;
(ix) collection and dissemination of information regarding matters relating to
crop statistics and marketing in respect of the agricultural produce notified
under Section 5;
(x)1 improvement; and
(xi) propaganda in favour of agricultural improvements, and
(xii) other functions under the Act and the Rules.
2(xiii) Any matter which the Board may entrust.
Page 52 of 68
Adopted from existing
provision & Model Act
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
provisions of sinking fund in respect of such loans;
(xvi) expenses incurred in auditing the account of the Market Committee;
(xvii) payment of honorarium to Chairperson travelling allowance of Chairperson, ViceChairperson and other members of the Market Committee and sitting fees payable to member
for attending the meeting.
(xviii)any other purpose connected with the marketing of agricultural produce under this Act
whereon the expenditure of the Market Committee fund is in the public interest subject to the
prior sanction of theBoard;
(xix) contributing to general revenues of the Board, Zilla Parishads, Anchalik Panchayats, Gaon
Panchayats, Town Committees, Municipal Corporation and Municipal Boards as the State
Government may direct; and
(xx) Any matter which the Board may entrust.
Misapplicati
on of funds
Audit of
84(1)
accounts of
Market
Committee
If a Market Committee incurs expenditure for any purpose, other than those Section 99 (1), (2), (3), (4), (5) & (6)
specified under the last preceding section or in excess of the expenditure
approved by the Director, then it shall be deemed to be a misapplication of
the fund
83 If a Market Committee incurs expenditure for any purpose, other than those specified under the
last preceding section or in excess of the expenditure approved by the Board, then it shall be
deemed to be a misapplication of the fund
The accounts of the Market Committee shall be audited every year by the Comptroller and
Auditor General, Government of India.
23A(1)
The accounts of the Market Committee shall' be ] audited by the Director of
Audit (Local Fund), Assam or in whatever name he may be called or the
officer authorized by him. The Market Committee shall be deemed to be'
Local Authority for this purpose,
No provision
Revised existing
provision
Revised existing
provision
2 The Board shall undertake the matter of internal audit of the accounts of the Market Committees
2 The Board shall undertake the matter of internal audit of the accounts of the No provision
Market Committees
3 The forms of accounts to be maintained by the Market Committee for the purpose of audit shall
be such as may be determined by the Board as per Auditing Standards of Comptroller and
Auditor General of India and Institute of Chartered Accountant of India
3 The forms of accounts to be maintained by the Market Committee for the
purpose of audit shall be such as may be determined by the Board in
consultation with the Director of Audit (Local Fund), Assam,
No provision
Revised existing
provision
4 The report of Audit on the accounts of the Market Committees shall be submitted to the Board
with the comments of the Committee thereon for its onward submission to the Government
within six months of the comotetion of the financial year.
4 The report of Audit on the accounts of the Market Committees shall be
No provision
submitted to the Board with the comments of the Committee thereon for its
onwards submission to the Government.
Revised existing
provision
Page 53 of 68
Adopted from existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER - XIII
Penalty
Penalty
85(1)
against
market
functionarie
s
Whoever contravenes the provision of sub-section (1) of section 60 shall, on conviction be
punishable with fine which may extend to five thousand rupees and in case of continuing
contravention, with further fine which may extend to five hundred rupees per day during which
the contravention is continued after the conviction.
2 Whoever in contravention of the provision of sub- section (1) of section 68 of the Act. uses any
place in the market area for buying and selling of specified agricultural produce or operates as a
trader, commission agent, broker, weighman, measurer, surveyor, warehouseman, processor or in
any other capacity in relation to marketing of such produce without valid licence, shall, on
conviction be punishable with simple imprisonment for a term which may extend to six months or
with fine which may extend to five hundred rupees or with both, and in the case of continuing
contravention with a further fine which may extend to one hundred rupees per day during which
the contravention is continued after the first conviction.
Compoundi
ng of
offences
39(1)
Whoever contravenes the provision of sub-section (2) of. section 5 shall, on No provision
conviction be punishable with fine which may extend to five hundred rupees
and in case of continuing contravention, with further fine which may extend
to one hundred rupees per day during which the contravention is continued
after the conviction
2 Whoever in contravention of the provision of sub- IJ section (2) of section 13 No provision
of the Act. uses any place in the Market Area for buying and selling of
[specified agricultural producel" or operates as a trader, commission agent,
broker, weighman, measurer, surveyor, warehouseman, processor or in any
other capacity in relation to marketing of such produce without valid licence,
shall, on conviction be punishable with simple imprisonment for a term which
may extend to six months or with fine which may extend to five hundred
rupees or with both, and in the case of continuing contravention with a
further fine which may extend to one hundred rupees per day during which
the contravention is continued after the first conviction.
Revised existing
provision
Adopted from existing
provision
3 The Market Committee may accept from any person who has committed or is reasonably
suspected of having committed an offence other than of section 60 against this Act or the Rules
or Bye-laws made there under by way of compounding of such offence (a) Where the offence consist of the failure to payor the evasion of any fee or other amount
recoverable under this Act for the Rules or the Bye-laws in addition to the fee or other amount
so recoverable a sum of money not less than the amount of the fee or other amount and not
more than 5 times the amount of fee or other amount, to the maximum extend of Rs.5000.00,
and
(b) In other cases a sum of monev not exceeding Rs.5000/-
No provision
Section 30
Adopted from Model
Act
4 On the compounding of any offence under sub-section (3), no proceeding shall be taken or
continued against the person concerned in respect of such an offence, and if any proceedings in
respect of that offence have already been instituted against him in any court, the f;ompounding
shall have affect on his acquittal. .
No provision
Section 30
Adopted from Model
Act
Penalty for
evasion of
payment of
cess
86 Penalty for evasion of payment of cess or other accounts:Any person who fraudulently evades the payment of any cess or other amount due from him
under this Act or the Rules or the Bye-laws frame there under, shall on conviction be punishable
with fine which may extend to ten thousand rupees, and in case of continuing evasion with
afurther fine which may extend to one thousand rupees per day during which the evasion is
continued after conviction thereof.
-3 Penalty for evasion of payment of cess or other accounts:- Any person who No provision
fraudulently evades the payment of any cess or other amount due from him
under this Act. or the rules or the bye-laws frame thereunder, shall on
conviction be punishable with fine which may extend to five hundr~pees, and
in case of continuing evasion with a further fine which may extend to one
hundred rupees per day during which the evasiono-,rs continued after
conviction thereof.
Liability of
accused to
pay cess,
fees or
other
amount
87 Liability of accused to pay cess, fees or other
amount:Any person, who is prosecuted for an offence under section 60, shall be liable on proof to the
satisfaction of the Magistrate that he willfully omitted to pay the cess or other amount due from
him under this Act. or the Rules or the Bye-laws, to pay to the Market Committee the amount
which may be due from him on account of such cess or other amount.
4 Liability of accused to pay cess, fees or other amount, Any person who is
No provision
prosecuted for an offence under sub-section (1), shall be liable on proof to
the safiSf8cfiOriOrthe' Magistrate that he willfully omitted to pay the cess or
other amount due from him under this Act. or the rules or the bye-laws, to
pay to the Market Committee the amount which may be due from him on
account of such cess or other amount.
Page 54 of 68
Revised existing
provision
Adopted from existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
Power of
Magistrate
to recover
summarily
cess or
other
amount
88 The power of Magistrate to recover summarily
cess or other amount:Wherever any person is convicted of an offence under this Act, or the Rules or the Bye-laws,
framed there under, the Magistrate shall, in addition to any fine which may be imposed, recover
summarily and pay over to the Market Committee the amount of cess or other amount due from
him under this Act, or rules or the bye- laws, and may in his discretion, also recover summarily and
pay over to the Market Committee such .amount as he may fix as the costs of the prosecution
5 The power of Magistrate to recover summarily I [section 88J
Section 88
cess or other amountWherever any person is convicted of .an offence under this Act, or the rules
or the bye-laws, framed thereunder, the Magistrate shall, in addition to any
fine which may be imposed, recover summarily and pay over to the Market
Committee the amount of cess or other amount due from him under this Act,
or rules or the bye-laws, and may in his discretion, also recover summarily
and pay over to the Market Committee such amount as he may fix as the
costs of the prosecution.
Adopted from existing
provision
Obstruction
to
implementa
tion of the
Act
89 Whoever obstructs any person duly authorized for seizing or confiscation of specified goods for
buying and selling in market area shall be punished with imprisonment for a term not exceeding 6
months simple imprisonment or with fine not exceeding rupees two thousand or with both,
6 Whoever obstructs any person duly authorized for I [No provision] seizing or No provision
confiscation of notified goods for buying and selling in Market Area shall be
punished with imprisonment for a term not exceeding 6 months simple
imprisonment or with fine not exceeding rupees five hundred or with both,
Revised existing
provision
Penalty for
contraventi
on of the
Act, Rules
and
Byelaws
Penalty for
recovery of
trade
allowance
90 Whoever contravenes any of the provisions of this Act, Rules and Bye-laws framed there under, if
no penalty is provided, on prosecution shall be punished with imprisonment for a term not
exceeding 6 (six) months simple imprisonment or with fine -Which--may extend to rupees two
thousand or with both,
7 Whoever contravenes any of the provisions of this Act, rules and bye-laws
framed thereunder, if no penalty is provided, on prosecution shall be
punished with imprisonment for a term not exceeding 3 months simple
imprisonment or with fine which may extend to rupees [two thousandl ' or
with both,
Penalties
92(1)
for officials
91 Whoever in contravention of the provisions of section 75 makes or recovers any trade allow;tice
shall on conviction be punishable with fine which may extend to rupees one thousand,
41(1)
If any Officer or member of the Board or Market Committee when required to furnish information 42(1)
in regard to the affairs or proceeding of the Board or a Market Committee under Section 108,
(a) willfully neglects or refuses, to furnish any information, or
(b) willfully furnishes false information, he shall, on conviction, be punishable with fine which may
extend to rupees two hundred,
2 All fines and damages recovered from an offender shall be paid to the Market Committee
concerned,
Cognizance 93(1)
of Offences
No court shall take cognizance of any offence punishable under this Act or any Rule or any Byelaws made there under except on the complaint made by the Deputy Commissioner or the
Chairperson or Vice-Chairperson, Secretary of the Market Committee or any person duly
authorized by the Market Committee on this behalf.
2 No offence under this Act, or any Rules or Bye- laws framed there under shall be tried by a Court 45(1)
other than that of a Judicial Magistrate of the First Class or a Judicial Ma istrate of the Second Class
specially empowered in this behalf by the State Government.
3 Presentation under this Act, Rules or Bye-laws framed there under may be instituted by any
person duly authorized in writing by the State Government, Deputy Commissioner, Board or the
Market Committee in this behalf
Whoever in contravention of the provrsions of section 29 makes or recovers
any trade allowance prescri5"€d by rules or bye-laws made under this Act,
shall on conviction be punishable with fine which may extend to rupees two
hundred,
Section 87
Revised existing
provision
No provision
Revised existing
provision
If any Officer or member of the Board or Market Committee when required Section 87
to furnish information in regard to the affairs or proceeding of the Board or a
Market Committee under Section 32,
(a) Willfully neglects or refuses, to furnish any information, or
(b) Willfully furnishes false information, he shall, on conviction, be
punishable with fine which may extend to rupees two hundred,
Adopted from existing
provision
All fines and damages recovered from an offender shall be paid to the
Market Committee concerned,
No provision
Adopted from existing
provision
No provision
Section 89
Adopted from Model
Act
No offence under this Act, or any rules or bye- laws framed there under shall No provision
be tried by a Court other than that of a Judicial Magistrate of the First Class
or a Judicial Ma istrate of the Second Class specially empowered in this
behalf by the State Government
2 Presentation under this Act, rules or bye-laws framed there under may be
No provision
instituted by any person duly authorized in writing by the State Government
or the Market Committee in this behalf.
Page 55 of 68
Adopted from existing
provision
Revised existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER XIV
Power of The State Government
Supersessio
n of the
Board
94 The State Government shall, in the event of its being satisfied that the Board is not functioning
properly or is abusing its powers or is guilty of corruption or mismanagement, it may by
notification in the Gazette, supersede the Board and till such time a new Board is constituted,
shall make such arrangement for the exercise of the functions of the Board as it may think fit.
Provided that no order of supersession shall be passed unless the Government has afforded
reasonable opportunity to the Board of submitting a written explanation in respect of the
allegations against it. Government will take a decision within sixty days from the date of
explanation
Provided further that the new Board shall be constituted within six months from the date of
supersession in the manner prescribed.
Consequenc
e of
supersessio
n of Board
95 Upon publication of the notification superseding a Board under section 95, the following
consequences shall ensure(i) all the members including the Chairperson, Vice-Chairperson of the Board shall, as from the
date of publication of the notification, be deemed to have vacated their offices;
(ii) the State Government shall direct that steps be taken for constitution of a new Board under
this Act and till suchtime a new Board under section deem fit, for the period not exceeding six
months and may, for that purpose, direct that all the functions, powers and duties of the Board
and its functionaries, under this Act, shall be performed, exercised and discharged by such
person or authority as the State Government, may appoint in this behalf and such person or
authority shall be deemed to be the Board or Chairperson, as the case may be.
3 (1) is constituted as aforesaid, the State Government shall make such arrangements for
carrying out the functions of the Board as it may be.
Supersessio
n of Market
Committee
96 If in the opinion of the State 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 or involved with the misappropriation of fund,
the State 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 or abused its powers, as the case
may be and supersede the Committee for a period not exceeding six months at a time or dissolve
the Committee and reconstitute it as soon as possible. Government will take a decision within
sixty days from the date of seeking explanation
3(9)
The State Government shall exercise superintendence and control over the Section 94
Board and its employees 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 or is abusing its powers or is guilty of corruption or
mismanagement, it may supersede the Board and till such time as a new
Board is constituted, shall make such arrangement for the exercise of the
functions of the Board as it may think fit
Provided that the new Board shall be constituted within six months form the
date of its supersession.
No provision
Section 95
37 If in the opinion of the State Government a Market Committee is not
Section 92
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 State 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 or abused its
powers, as the case may be and supersede the Committee for a period not
exceeding one year at a time or dissolve the Committee and reconstitute it
as soon as possible;
Provided that when a Committee is superseded or dissolved the State
Government may appoint any person as chairman to carry on day-to-day
routine matters on behalf of the Committee until the same is reconstituted
and a new Chairman is elected
Page 56 of 68
Revised existing
provision
Adopted from Model
Act
Revised existing
provision
SUBTITLE
NEW
SECTION
Consequenc 97(1)
e of
supersessio
n of Market
Committee
PROPOSED ACT
EXISTING
SECTION
Upon publication of the notification superseding a Market Committee under section 96, the
38(1)
following consequences shall ensure (i) all the members including the Chairperson, Vice-Chairperson of the Market Committee shall,
as from the date of publication of the notification, be deemed to have vacated their offices;
(ii) during the period of supersession or dissolution of the Market Committee, all powers and
duties conferred and imposed on the Market Committee under this Act, shall be exercised and
performed by such officer of Agriculture/ Horticulture Department not below the rank of District
Agriculture Officer not exceeding one year as the Government may appoint in that behalf as
Administrator;
(iii) all assets vested in such Committee shall during the period of supersession, vest in the State
Government subject to all its liabllities;
EXISTING ACT PROVISION
MODEL ACT
When an order of supersession shall have been I [section 93J passed under
Section 93
the last preceding section, the following consequences shall ensure (a) all the members as well as the Chairman and the Vice-Chairman of the
Market Committee shall from the date such publication, vacate their offices;
(b) all the powers and duties which under the Act may be exercised and
performed by the Committee, whether at a meeting or otherwise, shall,
during the period of supersession, be exercised and performed by the
Chairman appointed by the State Government or by such person as the State
Government may direct;
(c) all assets vested in such Committee shall during the period of
supersession, vest in the State Government subject to all its liabilities.
REMARKS / CHANGES
/ INCORPORATION
Revised existing
provision
2 (a) The State Government may extend the period of supersession for such further term as may
be considered necessary, but not exceeding a period of one year; or
(b) reconstitute the Market Committee as per section 40 (1) of this Act and in that case the
persons who vacated their office under clause (i) of sub-section (1) shall not be deemed
disqualified for election or nomination, as the case may be except as per the Act;
Provided that the State Government may at any time before the expiration of the period of
supersession take action under clause (b) of this sub-section.
2 On the expiration of the period of supersession I [No provision] specified in
the order, State Government may:
(a) extend the period of supersession for such further term as may be
considered necessary, but not exceeding a period of one year at a time; or
(b) reconstitute the Market Committee and in that case the persons who
vacated their office under clause (a) of sub-section (1) shall not be deemed
disqualified for election or nomination, as the case may be;
Provided that the State Government may at any time before the expiration
of the eriod of supersession take action under
No provision
Revised existing
provision
3 If the State Government make an order for reconstitution of the Market Committee under subsection (2) it shall transfer the assets and liabilities of the Market Committee as on the date of
such transfer to the new Market Committee constituted as such or to the person or persons if any
appointed for carrying out functions of the Market Committee as the case may be.
3 If the State Government make an order for I [No provision) reconstitution of No provision
the Market Committee under sub- section (2) it shall transfer the assets and
liabilities of the Market Committee as on the date of such transfer to the new
Market Committee constituted as such or to the person or persons if any
appointed for carrying out functions of the Market Committee as the case
may be; Provided that if the Market Committee is not reconstituted or if no
person is appointed for carrying out the function of the Market Committee
the State Government may transfer all the assets of the Market Committee
which remain after the satisfaction of all its liabilities to the local authority
within whose jurisdiction the Market Committee is situated or if there are
more than one such authority, such portion of the assets as the State
Government may determine. The local authority to which the assets are so
transferred shall utilize the same in the area within its jurisdiction for such
Objects as the State Government may consider to be for the benefit of the
agriculturists in that area in consonance with the provisions of this Act.
Revised existing
provision
48 The State Government may delegate bynotification in the Official Gazette
No provision
any of the powers conferred on it by or under this Act, to any of its Officers or
to the Board or to its Chairman or [Chief Executive Officer]'
Revised existing
provision
Delegation
of Power
98 The State Government may delegate by notification in the Official Gazette any of the powers
conferred on it by or under this Act, to any of its Officers or to the Board or to its Chairperson or
Chief Executive Officer.
Acquisition
of land for
the purpose
of this Act
99 The State Government may on the request of the Market Committee and or the Board acquire
land required for the purposes of this Act, under the provisions of the Land Acquisition Act, 1894
The State Government may on the request of the Market Committee [and or Section 12 (1) & (2))
the Board] 1 acquire land required for the purposes of this Act, under the
provisions of the Land Acquisition Act, 1894.
Page 57 of 68
Adopted the existing
provision
SUBTITLE
NEW
SECTION
Power to
100(1)
call records
and cancel
proceedings
PROPOSED ACT
EXISTING
SECTION
The State Government may at any time call for and examine the proceedings of the Board or
52(1)
any Market Committee for the purpose of satisfying itself, as to the legality or propriety of any
decision or order passed by the Board or Market Committee under the Rules. If in any case, it
appears to the State Government that any decision or order or proceedings so called for should
be modified, annulled or revised, thereon as it may think fit with reason upon hearing the Board
or Market Committee.
EXISTING ACT PROVISION
MODEL ACT
The State Government may at any time call for and examine the proceedings Section 98
of the Board or any Market Committee for the purpose of satisfying itself, as
to the legality or propriety of any decision or order passed by the Board or
Market Committee under the rules. If in any case, it appears to the State
Government that any decision or order or proceedings so called for should be
modified, annulled or revised, the State Government mav pass such order
thereon as it may think fit.
REMARKS / CHANGES
/ INCORPORATION
Revised existing
provision
2 The State Government may by general or special order delegate to the Director of Agricultural
Marketing al l or any of the powers conferred upon it bv this section
2 The State Government may by general or special order delegate to the
Director all or any of the powers conferred upon it by this section.
Section 104
Revised existing
provision
Power of
the State
Governmen
t to amend
schedule
101 The State Government may, by notification, add to or amend or delete any of the items or
agricultural produce specified in the schedule and thereupon the schedule shall be deemed to
have been amended accordingly: Provided that no notification shall be issued under this section
without giving in the Gazette and in the local news paper previous notice of not less than 45
days as the State Government may consider reasonable of its intention to issue such
notification.
53 The State Government may, by notification the Official Gazette add to,
amend or cancel any of the items of agricultural produce specified in the
schedule.
Section 100
Revised existing
provision
Power of
the State
Governmen
t to give
direction
102 (a) The State Government may give directions to the Board and Market Committees.
(b) The Board and the Market Committees shall be bound to comply with directions issued by
the State Govemment under sub-section (a).
No provision
Section 101
Adopted from Model
Act
The wholesale marketing except as provided in the Act is regulated by this Act and Rules framed
there under.
No provision
Section 4
Adopted from Model
Act
2 The wholesale markets hitherto being controlled by the local bodies shall stand transferred to
the control of the respective Market Committee to be notified by the Government under this Act
wherein the marketing will be regulated under this Act from the date of notification of this Act.
No provision
No provision
New Provision
Regulation
of interstste
trading
3 The Assam State Agricultural Marketing Board is delegated the power to regulate the marketing
of agricultural produce in all interstate borders as prescribed.
No provision
No provision
New Provision
Grants to
Assam State
Agricultural
Marketing
Board for
infrastructu
104 The State Government shall provide financial assistance in the form of grants-in-aid to Assam
State Agricultural Marketing Board for the development of marketing infrastructure, standards
and for the promotion of agricultural marketing with an objective to provide remunerative orice
to the farmers.
No provision
No provision
New Provision
Transfer of
Markets
from Local
103(1)
Page 58 of 68
SUBTITLE
Power to
make rules
NEW
SECTION
105(1)
PROPOSED ACT
EXISTING
SECTION
The State Government may, after previous publication, make Rules for carrying out the
50(1)
purposes of this Act in particular and without prejudice to the generality of the foregoing power,
such Rules may provide for:
(i) other manners of publication of notification
under section 24 (1)"
(ii) authority which
shall conduct elections,determination of constituencies,preparation and maintenance of list of
votes, disqualifications for being chosen as or for being a member, the right to vote, the
payment of deposit and its forfeiture, the election offences, the determination of election
disputes and all matters ancillary thereto under section 43 (3);
(iii) the procedure and quorum at meeting of Market Committee; and the form in which account
of purchases and processing of agricultural produce to be mainteined. (iv) the management of
market, the procedure for recovery of market fees fine for evasion of market fees and manner
for assesment of market fees in default offurmshmg return. (v) classification of market
functionaries for grant of licences, regulation of licenses under this Act, the persons required to
take out licence, the forms in which and terms and conditions subject to which such licenses
shall be issued or renewed; (vi) the provisions for thepersons 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; (vii) the kind and description of weights and
measures and the weighing and measuring instruments which shall be used in the transactions
in the specified agricultural produce in a market yard: (viii) the periodical inspection of all
weights and measures and the weighing and measuring instruments in use in a market yard;
(ix)facilities for the settlement of any dispute between a buyer and seller of specified
agricultural produce 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 I or deductions for any cause by, mediation, arbitration or
otherwise; (x) the provision of accommodation for storing any agricultural produce brought into
the market; (xi) 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 or sanction to such
plans and estimates; (xii) 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; (xiii) the preparation and submission for sanction of the annual
budget and the report and returns to be furnished by a Market Committee; (xiv) the time during
which andthe manner in which a trader or commission agent shall furnish such returns to a
Market Committee as may be required by it; (xv) the regulation of advance, if any given to
producer by commission agents or traders; (xvi) the grading and standardization of the
agricultural produce and e-trading; (xvii) the keeping of records of arrivals and prices of
agricultural produce; (xvii) the manner in which auctions of agricultural produce shall be
conducted and bids made and accepted In a market;
(xix) the recovery and disposal of fees leviable by or under this Act;
(xx) compounding of offences and fixing compensation thereof under this Act or Rules or Byelaws made there under;
(xxi) manner of constitution of State Agricultural Marketing services;
(xxii) recruitment, qualification, appointment, promotion, scale of pay, leave, leave allowance,
acting allowance, loans, pension, gratuity, annuity, punishment, appeals and other service
conditions of the members of the State Agricultural Marketing services;
(xxiii) limits of honorarium to Chairperson. travelling allowances to members and sitting fees
payable to members for attending the meetings;
(xxiv) manner of investment of surplus in the Market Committee fund;
(xxv) procedure for framing of bye-laws, their amendments or cancellation and for their
previous and final publication;
(xxvi) classification of Market Committees on the basis of annual income, turnover etc. for all or
any of the purposes of this Act;
(xxvii) all matters required to be prescribed by Rules under this Act;
(xxviii) mode of service of notice under this Act;
(xxix) any other matter for which rules are necessary and are to be made under this Act.
EXISTING ACT PROVISION
The State Government may either generally of specially for the Board or any
market area or market areas make rules, after previous publication for the
purpose of carrying out the provisions of this Act.
In particular and Without prejudice to the generally of the foregoing
provision, such rules may provide for or regulate (i) the qualifications of
voters, the preparation and revision of the lists of voters, the division of
market area into constituencies, the election, appointment and
nomination of members of the Market Committee, the manner of holding
election, the drawing up of the election programme, the fixing of polling
stations and the appointment of Returning, Presiding and Polling Officers,
the declaration of the results of election matters regarding appeals in respect
of disputes in connection with elections;
(ii) the election of the Chairman and the Vice-Chairman of the Market
Committee"
(iii) the filling up of casual vacancies in the office of Chairman and the ViceChairman or member of the Market Committee;
(iv) the powers to be exercised and the duties to be performed by a Market
Committee and its Chairman, Vice- Chairman and Secretary;
(v) the" management" of the market, minimum and maximum cess which
may be levied and collected by the Market Committee, the method, manner
and mode of collection of such cess In respect of agricultural
produceregulated under the Act , and sold and resold In the market area. (vi)
the issue of licence to traders, persons and firms engaged in processing of
agricultural produce, commission agent, brokers, weighman, measurers,
surveyors, warehouseman andthe cancellation and suspension of such
licence and the category of such other persons operating in a market area
asmay be determined by the Director and the form in which and the
condition subject to which such licences shall beissued, cancelled, or
renewed therefore; (vii) the method and manner of holding meetings, the
procedure to befollowed at such meetings and the powers to be exercised at
such meetings; (viii) the form in which returns shall be submitted by the
Board or a Market Committee to the Director and such other Officers as may
be authorized by the Director; (ix) the persons by whom and the form in
which copies of documents, entries in the books of a Market Committee,
may be certified and the charges to be levied for the supply of such copies;
(x) the kind and description ofthe weights and measures and the weighing
and measuring instruments which alone shall be used in the transactions in
agricultural produce in market areas;
(xi) the periodical inspection of all weights and measures and weighing and
measuring Instruments In use In market areas;
(xii) the procedure to be followed in presenting and disposing of an appeal to
the State Government or the Officer appointed by it in that behalf under subsection (2) of Section 22;
(xiii) the manner in which the inquiry and inspection of the Board or a Market
Committee shall be held;
(xiv)the matter in respect of which the Board or a Market Committee shall or
may make bye-laws and the procedure to be followed in making or
abrogating bye-laws and the conditions to be fulfilled prior to making such
arrogations and alterations;
(xv) 1
(xvi)
(xvii) the trade allowance which may be made or received by any person in
any transaction in agricultural produce in a market area;
(xviii) the prohibition of brokers for acting in any transaction on behalf of
both the buyer and seller of agricultural produce or as a buyer or seller;
(xix) the provision of accommodation for storing any agricultural produce
brought into the market;
(xx)
(xxi) the form in which the accounts of the Board or a Market Committee,
and the grant or sanction to plans and estimates shall be kept, the audit
inspection and publication of such accounts if any to be made for such audit
Page 59 of 68
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
2
Every rule made under this Section shall be laid as soon as may be after it is made, before the
Assam Legislative Assembly while it is in session for a total period of fourteen days which may be
comprised in one session or in two successive sessions and if, before the expiry of the session in
which it is so laid or the session immediately following, the Assam Legislative Assembly agree in
making any modification in the rule or the Assam Legislative Assembly agree that the rule should
not be made, the rule shall thereafter have effect only in such modified form be of no effect, as
the case may be; so however, that any such modification or amendment shall be without prejudice
to the validity of anything done under that rule
Power to
make Byelaws
106(1)
Subject to the provisions of this Act and the Rules made there under, a Market Committee may, in 50(1)
the respect of a marketing area under its management, make Bye-laws for(i) the regulation of business of the Market Committee
(ii) the condition of trading in a market;
(iii) delegation of powers, duties and functions to the officers and servants, appointment; pay,
punishment, pensions, gratuities, leave, leave allowances, contributions by them to any provident
fund which may ne established for the benefit of such officer and servants and other conditions of
service;
(iv) the delegation of powers, duties and functions to a Sub-Committee, if any;
(v) market functionaries who shall be required to take licence;
(vi) enabling and regulating e-trading;
(vii) any other matters for which Bye-laws are to be made under this Act or it may be necessary to
frame Bye-laws for effectively implementing the provisions of this Act and the Rules made there
under in the market area.
4 Every rule made under this Section shall be laid as soon as may be after it is No provision
made, before the Assam Legislative Assembly while it is in session for a total
period of fourteen days which may be comprised in one session or in two
successive sessions and if, before the expiry of the session in which it is so
laid or the session immediately following, the Assam Legislative Assembly
agree in making any modification in the rule or the Assam Legislative
Assembly agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form be of no effect, as the case may be; so
however, that any such modification or amendment shall be without
prejudice to the validity of anything done under that rule
Adopted from existing
provision
Subject to any rules made by the State Government under Section 49, the
Section 110
Market Committee may, in respect of the agricultural produce and the
market area under its management make bye-laws and from time to time
alter or rescind the same, but not so as to render them inconsistent with this
Act and rules made for the regulation of business and the conditions of
trading therein with the previous sanction of the Director or any other Officer
specially empowered in this behalf by the State Government.
Adopted from Model
Act
Section 110(2)
2 No Bye-laws under sub-section (1) shall take effect until it has been confirmed by the Board.
No provision
3 Any Bye-law under this section may provide that any contravention thereof shall on conviction, be 50(2)
punishable with fine which may extend to rupees one hundred.
Any bye-law under this section may provide that any contravention thereof Section 110(3)
shall on conviction, be punishable with fine which may extend to rupees one
hundred.
When the Director or any other Officer empowered in this behalf by the
No provision
State Government Sanctions any amendment of the bye-laws of the Market
Committee, he shall issue to the Market Committee a copy of the
amendment certified by him which shall be conclusive evidence that it is dul
sanctioned
Adopted from existing
provision
Subject to the provisions of this Act and the rules made there under, the
Section 85(1)
Director may perform the functions as specifically provided under this Act.
The State Government may delegate any or all the powers vested in it under
this Act and rules framed there under to the Director.
Revised existing
provision
4 When the Chief Executive Officer of the Board or any other Officer empowered in this behalf by
the State Government sanctions any amendment of the bye-laws of the Market Committee, he
shall issue to the Market Committee a copy of the amendment certified by him which shall be
conclusive evidence that it is duly sanctioned.
50(3)
Adopted from Model
Act
Revised existing
provision
CHAPTER - XV
Power and Functions of the Director of Agricultural Marketing and Other Officers
Power and 107(1)
Functions of
the Director
of
Agricultural
Marketing
Subject to the provisions of this Act and the Rules made there under, the Director of Agricultural 3J(1)
Marketing may perform the functions as specifically provided under this Act. The State
Government may delegate any or all the powers vested in it under this Act and Rules framed there
under to the Director of Agricultural Marketing.
Page 60 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
2 The functions of the Director of Agricultural Marketing shall also include(i) supervision of the private market yard, direct purchase of agricultural produce from the
producer / consumers and farmers market, processing of agricultural produce from the producer,
consumers and farmers market, processing of agricultural produce, activities of the registration
holders under the Act and activities of the contract farming sponsor and producer;
(ii) supervision on the Market Committees for effective execution of provisions of the Act relating
to regulation of trading of agricultural commodities taking place in the market yard'
(iii) without prejudice to the provisions of section 93 (3), authorizing any officer in writing to
launch prosecution for contravening any provisions of the Act, and the Rules made there under;
(iv) taking steps for regulation of grading and standardization of agricultural produce.
(v) supervision of markets that does not come under the purview of this Act,
(vi) launch prosecution against Market Committee in case of violation of the provisions of the Act
and Rules made thereof,
(vii) suggests amendment to the Act and Rules framed thereof for effective execution of the
objectives of the Act
(viii) regulate the grading and standardization of agricultural produce
(ix) inspect or caused to be inspected accounts and offices of the Market Comittee.
(x)to notify contract farming agreement format for different commodities from time to time,
(xi) to take all necessary steps to regulate contact farming in the State.
(xii) any other action necessary to regulate the agricultural marketing and to enforce provisions of
this Act as directed by the Government from time to time.
Duty to
108(1)
furnish
information
to Director
of
Agricultural
Marketing
and other
Authorised
Officer
Power to
Inspect
The Director of Agricultural Marketing or any other officer to whom the powers of the State
Government have been delegated under section 98 is empowered to investigate the affairs and
proceedings of the Board and Market Committee.Theofficers,staff and members of the Board
and Market Committee shall furnish such information in their possession in regards to the
affairs and proceedings of the institution as Director of Agricultural Marketing or such officer
may require.
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
2 The functions of the Director shall also includeSection 85 (2)
(i) supervision of the private market yard, direct purchase of agricultural
produce from the agriculturist, consumers and farmers market, processing of
agricultural produce from the agriculturist, consumers and farmers market,
processing of agricultural produce, activities of the registration holders under
the Act and activities of the contract farming sponsor and producer;
(ii) without prejudice to the provisions of section 45, authorizing any officer in
writing to launch prosecution fOI contravening any provisions of the Act, and
the rules made there under;
(xxi) taking steps for grading and standardization of agricultural produce.
32 When the affairs of the Board or of a Market Committee are investigated or No provision
the proceedings of such Board or Committee are examined by the Director or
any other Officer to whom the powers of the State Government have been
delegated under section 48, all Officers, Staff and members of such
Committee shall furnish such information in their possession in regard to the
affairs or proceedings of the Board or Committee as the Director or such
Officer may require
REMARKS / CHANGES
/ INCORPORATION
Revised existing
provision considering
Model Act and The
Maharastra Act
Revised existing
provision
2 The Director of Agricultural Marketing shall prepare a self assessment checklist for the Board
and Market Committee, Private Markets, Direct Markets etc. within 6 months from the date of
notification of this Act and direct these market managements to submit the same six- monthlv in
ADrii and October.
No provision
No provision
New Section
3 The Director of Agricultural Marketing will undertake inspection of the Board, Market
Committees, Private Markets, Direct Marketsetc. once in a year and submit the report to the
Government along with his recommendation for consideration and direction.
No provision
No provision
New Section
109 The Director of Agricultural Marketing or any Officer authorized by the State Government, by
special order on citing special circumstances shall have power to inspect or caused to be
inspected, the accounts of the institutions or to institute an enquiry into the affairs of such
institutions and to require it to do a thing or to desist from doing anything which the Director of
Agricultural Marketing or such Officer considers necessary in the interest of such institution as
the case may be and furnish a wirtten reply to him within a reasonable time stating its reasons for
non-compliance.
33 The Director or any Officer authorized by the State Government, by general Section 90
or special order, shall have power to inspect or caused to be inspected, the
accounts of the Board or any Market Committee or to institute an enquiry
into the affairs of the Board or any Market Committee and to require it to do
a thing or to desist from doing anything which the Director or such Officer
considers necessary in the interest of the Board furnish a wirtten reply to
him within a reasonable time stating its reasons for non-compliance.
Page 61 of 68
Revised existing
provision
SUBTITLE
NEW
SECTION
Power to
enforce
attendance
Power of
111(1)
the Director
of
Agricultural
Marketing
in
emergency
PROPOSED ACT
EXISTING
SECTION
110 The Director of Agricultural Marketing or an officer authorized by the Government to
investigate the affairs of the Board or of a Market . Committee or private market or direct
marketing or farmer/consumer market or contract farming to examine the proceedings of such
institutions under Section 108 shall have powers of summon and enforce the attendance of
Officers or members of the Board or Market Committee and to compel them to give evidence and
to produce documents by the same means and as far as possible in the same manner as is
provided by the Code of Civil Procedure, 1908.
In case of emergency, the Director of Agricultural Marketing may suspend or cancel all or any
34(1)
licence issued under the provision of this Act and take such other steps citing specific and
exceptional reason as may be deemed necessary in the interest of a market duly considering
natural justice for a month. Under the circumstances, the Director of Agricultural Marketing
submits a detail report on the circumstances warranting emergency measures along with his/
her recommendations for needful action by the Government within 24 hours. The decision of
the State Government is final in the matter. The aggrieved party in the orders Director of
Agricultural Marketing may appeal before the Government.
2 Where a Market Committee is not competent toperform the duties imposed by or under this Act,
under orders or decision of a court, the Director of Agricultural Marketing shall advise the Board
to make such arrangement for performing the duties and functions of such a Market Committee.
Where a Market Committee is not competent to perform the duties imposed by or under this Act,
under orders or decision of a court, the Director of Agricultural Marketing shall advise the Board to
make such arrangement for performing the duties and functions of such a Market Committee.
Recovery of 112(1)
Sums due
from
Every sum due from a Market Committee to the State Government or the Board or any local
authority shall be recoverable as an arrear of land revenue
47(1)
2 Every sum due, to a Market Committee from any person shall be reduced to the form of a demand
certificate, as prescribed, over the signature of the Chief Executive Officer of the Board shall be
recovered as an arrear of land revenue on such certificate being forwarded to the Certificate
Officer concerned.
Recovery of 113(1)
loss
Any loss that may occur to a Market Committee due to its failure to carry out any instruction of
the Chief Executive Officer of the Board shall be recoverable from the members of the Market
Committee after due enquiry and reasonable opportunity being given to them of showing cause
'why' any such loss should not be recovered from them
35(1)
2 Any amount recoverable from the members of a Market Committee under this section shall be
realized as an arrear of land revenue.
Power of
114(1)
The Director
of
Agricultural
Marketing
to impose
Bye-laws
Notwithstanding anything contained in this Act or the Rules or Bye-laws framed there under, if the 51(1)
Director of Agricultural Marketing considers that an amendment, alteration, rescission or
adoption of a new bye-law is necessary or desirable in the interest of the Board or Market
Committee or private market or direct marketing or farmer/ consumer market or contract
farming, he may recommend the same in writing to be served on such institution by registered
post, fax or e-mail require it to make such amendment, alteration, rescission or adoption of a Byelaw within such time as mav be specified in such order.
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
36 An Officer investigating the affairs of the Board or of a Market Committee or No provision
examining the proceedings of such Board or Committee under Section 32
sHall have powers of summon and enforce the attendance of Officers or
members of the Board or Market Committee and to compel them to give
evidence and to produce documents by the same means and as far as
possible in the same manner as is provided by the Code of Civil Procedure,
1908.
Revised existing
provision
In case of emergency, the Director may ] suspend or cancel all or any licence No provision
issued under the provision of this Act and take such other steps as may be
deemed necessary in the interest of a market.
Revised existing
provision
2 Where a Market Committee is not competent to perform the duties imposed No provision
by or under this Act, under orders or decision of a court, the Director shall
make such arrangement for performing the duties and functions of such a
Market Committee.
Revised existing
provision
Every sum due from a Market Committee to the State Government or the
Board or any local authority shall be recoverable as an arrear of land
revenue.
No provision
2 Every sum due, to a Market Committee from any person shall be reduced to Section 102
the form of a demand certificate, as prescribed, over the sianature of the
Director or of such Gazetted Officer as may have powers delegated to them
by the Director in this behalf and shall be recovered as an arrear of land
revenue on such certificate being forwarded to the Certificate Officer
concerned
Any loss that may occur to a Market Committee due to its failure to carry out No provision
any instruction of the Director shall be recoverable from the members of the
Market Committee after due enquiry and reasonable opportunity being given
to them of showing cause any such loss should not be recovered from them
2 Any amount recoverable from the members of a Market Committee under
this section shall be realized as an arrear of land revenue.
No provision
Notwithstanding anything contained in this Act or I [section 96J the rules or Section 96
bye-laws framed there under, if the Director considers that an amendment,
alteration, rescission or adoption of a new bye-law is necessary or desirable
in the interest of Market Committee, he may by an order in writing to be
served on a Market Committee by registered post, require it to make such
amendment, alteration, rescission or adoption of a bye-law within such time
as may be specified in such order
Page 62 of 68
Adopted from existing
provision
Revised existing
provision
Revised existing
provision
Adopted from existing
provision
Revised existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
2 If the Board/ Market Committee/ Private Market! Direct Market! Consumer Market! Contract
Farming Sponsor fails to make any such amendment, alteration, rescission or adoption of the Byelaw within the time specified by the Director of Agricultural Marketing in his order under subsection (1), the Director of Agricultural Marketing may after giving the Market Committee an
opportunity, of showing cause why such amendment, alteration, rescission or adoption should not
be made, register such amendment, alteration, rescission or adoption of Bye-law and issue a
certified copy thereof to such Market Committee.
2 If the Market Committee fails to make any such amendment, alteration,
No provision
rescission or adoption of the bye-law within the time specified by the
Director in his order under sub-section (1), the Director may after giving the
Market Committee an opportunity, of showing cause why such amendment,
alteration, rescission or adoption should not be made, register such
amendment, alteration, rescission or adoption of bye-law and issue a
certified copy thereof to such Market Committee.
Revised existing
provision
3 The Board/ Market Committee/ Private Market/Direct Market/Consumer Market! Contract
Farming Sponsor may, within one month from the date of issue of an order made under subsection (2) appeal against such order to the State Government.
3 The Market Committee may, within one month from the date of issue of an
order made under sub-section (2) appeal from such order to the State
Government.
No provision
Revised existing
provision
4 Where no appeal is presented within one month from the date of the issue of an order under subsection (2) registering an amendment such amendment shall not come into force till the order is
confirmed by the State Government.
4 Where no appeal is presented within one month from the date of the issue of No provision
an order under sub- section (2) registering an amendment such amendment
shall not come into force till the order is confirmed by the State Government.
Adopted from existing
provision
5 A certified copy of the amendment of the Bye-law registered by the Director of Agricultural
Marketing under sub-section (2) shall, subject to the result of an appeal, if any under sub-section
(3) be conclusive evidence that it has been duly registered and such amendment, alteration,
rescission or adoption of Bye-law shall be deemed to have made by the Board/ Market
Committee! Private Market / Direct Market! Consumer Market! Contract Farming Sponsor.
5 A certified copy of the amendment of the bye-law registered by the Director
under sub-section (2) shall, subject to the result of an appeal, if any under
sub-section (3) be conclusive evidence that it has been duly registered and
such amendment, alteration, rescission or adoption of bye-law shall be
deemed to have made by the Market Committee.
Revised existing
provision
Page 63 of 68
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
CHAPTER - XVI
Miscellaneous
Chairperson
, ViceChairperson
, Member,
Chief
Bar to Civil
suit and
protection
to person
acting in
good faith
Bar of suit
in absence
of notice
115 The Chairperson, Vice-Chairperson, Members, Chief Executive Officer of the Board, Secretary to
the Market Committee and other Officers and staff of the Board or a Market Committee shall be
deemed to be Public Servants within the meaning of Section 21 of the Indian Penal Code.
117(1)
Admissibilit 120(1)
y of copy of
entry as
evidence
Revised existing
provision
116 No suit, prosecution or legal proceedings in respect of anything done in good faith or intended to 44(1)
be done under this Act or Rule or Bye-laws made there under, shall lie against the Director of
Agricultural Marketing or officer of the State Government or against the Board or any Market
Committee or against any officer or servant of the Board or any Market Committee or against
any person acting under and in accordance with the directions of the Director of Agricultural
Marketing, such officer, or such Committee
No suit shall be instituted against the Board or Market Committee or any
Section 105
member, Officer or Staff thereof, or any person acting under the direction of
such Board or Market Committee, for anything done or purported to be done
in good faith by such member, Officer, Staff or person under this Act, until
the expiration of two months next after notice in writing, stating the cause of
action, the name and place of abode of the intending plaintiff and the relief
which the claims, has been in the case of the Board or Market Committee,
delivered or left at its office, and in the case of any such member, Officer,
Staff or person as aforesaid, delivered to him or left at his office or usual
place of abode and the plaintiff shall contain a statement that such notice
has been so delivered or left.
Adopted from Model
Act
Notwithstanding anything contained in any section of any Act, no suit shall be instituted against 44(1)
the Board or any Market Committee, until the expiration of two months next after in writing
stating the cause of action, name and place of abode of the intending plaintiff, and the relief
which he claims has been delivered or left at its office. Every such suit shall be dismissed unless
it is instituted within six months form the date of the accrual of al/eged cause or action.
No suit shall be instituted against the Board or Market Committee or any
Section 106
member, Officer or Staff thereof, or any person acting under the direction of
such Board or Market Committee, for anything done or purported to be done
in good faith by such member, Officer, Staff or person under this Act, until
the expiration of two months next after notice in writing, stating the cause of
action, the name and place of abode of the intending plaintiff and the relief
which the claims, has been in the case of the Board or Market Committee,
delivered or left at its office, and in the case of any such member, Officer,
Staff or person as aforesaid, delivered to him or left at his office or usual
place of abode and the plaintiff shall contain a statement that such notice
has been so delivered or left.
Adopted from Model
Act
2 Every such suit shall be barred unless it is instituted within six months from the date of the actual
alleged cause of action
Duty to
Local
authority to
give ,
information
and
assistance
Act not to
invalidated
by
informality,
vacancy etc.
43 The Chairman, Vice-Chairman, Members, (Chief Executive Officer)1 Secretary Section 103
and other Officers and staff of the Board or a Market Committee shall be
deemed to be public servants within the meaning of Section 21 of the Indian
Penal Code
2 Every such suit shall be barred unless it is instituted within six months from
the date of the actual alleged cause of action
No provision
Adopted from Existing
Provision
118 It shall be the duty of every Local authority to give all the necessary information .in the
possession of or under the control of its officers to the Market Committee or its officers
authorized in that behalf, relating to the movement of specified agricultural produce into and
out of the area of the Local authority,free of any charges.
No provision
Section 107
Adopted from Model
Act
119 No Act done or proceeding taken under this 'I' Act by the Board, by a Market Committee or a
Sub-Committee appointed by the board shall I be invalidated merely on the ground of I
(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
(c) any defect or irregularity in such Act or proceedings, not affecting the substance
No provision
Section 108
Adopted from Model
Act
A copy of any entry in any book, register or list regularly kept in course of business in the
46(1)
possession of Market Committee shall if duly certified, in such manner as may be prescribed, be
admissible in evidence of the existence of such entry and shall be admitted as evidence of the
matter and the transaction therein recorded in every case, where and to the same extent to which
the original entry would, if produced have been admissible to prove such matter.
A copy of any entry in any book, register or list regularly kept in course of
No provision
business in the possession of Market Committee shall if duly certified, in such
manner as may be prescribed, be admissible in evidence of the existence of
such entry and shall be admitted as evidence of the matter and the
transaction therein recorded in every case, where and to the same extent to
which the original entry would, if produced have been admissible to prove
such matter.
Page 64 of 68
Adopted from existing
provision
SUBTITLE
NEW
SECTION
PROPOSED ACT
2 In the case of such Market Committee as the State Government, by general or special order may
direct, no officer of a Market Committee shall, in any legal proceedings to which the Market
Committee is not a party, compelled to produce any of its books, the contents of which can be
proved under sub-section (1) or to appear as a witness to prove the matters, transactions and
accounts therein recorded unless otherwise ordered by the Court in that behalf.
Repeal
EXISTING
SECTION
EXISTING ACT PROVISION
2 In the case of such Market Committee as the State Government, by general No provision
or special order may direct, no Officer of a Market Committee shall, in any
legal proceedings to which the Market Committee is not a party, compelled
to produce any of its books, the contents of which can be proved under subsection (1) or to appear as a witness to prove the matters, transactions and
accounts therein recorded unless otherwise ordered by the Court in that
behalf.
REMARKS / CHANGES
/ INCORPORATION
Adopted from existing
provision
No provision
Section 111
2 Notwithstanding such repeal(i) the repeal shall not affect the previous operation of any enactment so repealed, and anything
done or action taken (including any appointment, delegation or declaration made, notification,
under Rule, direction or notice issued, Bye-laws framed, market area, markets, sub- markets
and yards declared, established or notified, licenses granted, fees levied and collected,
instruments executed, any fund established or constituted) by or under the provisions of any
such enactment shall in so far as it is not inconsistent with the provisions of this Act, be deemed
to have been done or taken under the corresponding provisions of this Act and shall continue in
force unless and until superseded by anything done or any action taken under this Act
(ii) Unless the State Government otherwise directs, the Market Committees referred to in
clause (1) and the Chairperson, Vice-Chairperson and members thereof shall continue until the
expiry of their term under the repealed Act or till a Market Committee is constituted in
accordance with the provisions of this Act, whichever is earlier'
No provision
Section 111
3 On issue of a direction under clause (ii) of sub-section (2), the provisions of section shall apply as
from the date specified in the direction as if the Market Committee stood dissolved on that
date.
No provision
Section 111
Adopted from Model
Act
No provision
Adopted from existing
Provision
Section112
Adopted from Model
Act
The Assam State Agricultural Produce Market Act, 1972 are hereby repealed.
121(1)
Savings
122 Nothing contained in the Assam Panchayat Act.1994 or In any other law for the time being In force
relating to the establishment maintenance or regulation of market shall apply to any market area
or affect in any way the powers of Market Committee or the rights of a holder of a licence granted
under sub-section (1) of Section 67.
Power to
remove
difficulty
123 State Government shall have powers to make suitable order as may be necessary to remove any
difficulty arising in implementation of this Act.
54 Nothing contained in the Assam. Panchayat Act,1994 or in any other law for
the lime being In force relating to the establishment maintenance or
regulation of market shall apply to any market area or affect in any way the
powers of Market Committee or the rights of a holder of a licence granted
under sub-section (2) of Section 13
No provision
SCHEDULE
[(See Section 2 (1) (I) ]
(A) Cereals:,
MODEL ACT
(1) Paddy
(2) Rice
(3) Muri
(4) Chira
(5) Khai
(7) Maize
(8) Millets
(9) Paddy husk
(10) Rice bran and polished
(11) Wheat bran and polished
Page 65 of 68
Adopted from Model
Act
Adopted from Model
Act
SUBTITLE
(B) Pulses :-
( C) Oil
seed :-
(D) Fibre
and other
Cash Crops:
-
(E) Sugar
Products :-
(F)
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
(1) Black gram
(2) Green gram
(3) Arahar (Tur)
(4) Peas
(5) Gram
(6) Lentil
(7) Rajmah
(1) Sesamum (Til)
(2) Mustard
(3) Linseed
(4) Castor seed
(5) Cotton seed
(6) Coconut
(7) Niger seed
(8) Ground nut
(9) Vanaspati product
(10) Refined oil
(11) Oil cakes
(1) Jute (baled and unbaled).
(2) Cotton (ginned and unginned).
(3) Mesta
(4) Sunhemp
(5) Tobacco
(1) Sugarcane
(2) Gur (Molasses)
(3) Sugar
(1) Mandarin
(2) Lime
(3) Lemon
(4) Mussambi
(5) Valencia
(6) Grape fruits
(7) Other citrus
(8) Banana
(9) Papaya
(10) Guava
(11) Jack fruits
(12) Mango
(13) Plum
(14) Peaches
(15) Pears
(16) Apples
(17) Pine apples
(18) Bel (Wood Apple)
(19) .Blackberry
(20) Rose apple
(21) Sopeta
(22) Melon
(23) Tamarind
(24) Pomegranate
(25) Cashew nuts
Page 66 of 68
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
SUBTITLE
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
(G)
Vegetables :-
(H)
Flower and
Ornamental
Plants:»
Condiments
and spices:=
(I)
Plantation
Crops: (J)
Animal
Husbandry
products :-
(K)
All types of
Fish :(excluding
canned fish)
(1) Potato
(2) Sweet Potato
(3) Onion
(4) Tomato
(5) Leafy and Fresh vegetables
(6) Yam
(1) Turmeric (Whole and powdered)
(2) Ginger
(3) Garlic
(4) Coriander (Dhania)
(5) Chilies (Dry and Green)
(6) Cardamoms and Black pepper
(7) Betel nuts (Dry and Green)
(8) Betel leaves
(9) Methi
(10) Cumin (Jeera)
(1) Green Tea leaves
(1) Eggs
(2) Poultry
(3) Cattle
(4) Sheep
(5) Horse
(6) Goat
(7) Buffaloes
(8) Milk
(9) Butter and Cream
(10) Ghee
(11) Wool
(12) Hide and Skin
Page 67 of 68
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION
SUBTITLE
(L) Forest
and Social
Forestry
Product :-
(M)
Sericulture
Products :Cocoons
and Yarns :-
NEW
SECTION
PROPOSED ACT
EXISTING
SECTION
EXISTING ACT PROVISION
(1) Lac
(2) Gum
(3) Timber
(4)
Bamboo
(5) Cane
(6) Agar
(1) Eri
(2) Muga
(3) Pat
Page 68 of 68
MODEL ACT
REMARKS / CHANGES
/ INCORPORATION