Preamble
Uttar Pradesh Krishi Utpadan Mandi (Sanshodhan) Adhiniyam, 20161
| [U.P. Act No. 3 of 2016] | [9th March, 2016] |
(As passed by the Uttar Pradesh Legislature)
An Act further to amend the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964
It is hereby enacted in the Sixty-seventh Year of the Republic of India as follows-
Prefatory Note-Statement of Objects and Reasons.- State's Agricultural Produce Market Committees issue Licences to their traders in their respective regions for business. In Market place, the agriculture produce brought by the farmers are purchased by the licensed traders of that particular market committee. Due to this traders of other market committees cannot participate in this process. Hence due to lack of sufficient competition there is difference in price of same produce in different Markets. If licensed traders from different market committees of the State are also enabled to participate in sale and purchase of different agricultural produces, then it will generate more competition and farmers will get more remunerative price in a transparent manner. In this process the latest technology will be used in favour of farmers. Awareness for implementation of Grading, Filtration and Cleaning of agriculture produce at farmer level will increase. This will also facilitate the integration of State marketing committees with the proposed National Agriculture Market. The above objective shall be fulfilled through the procedure of E-Auction and E-Trading for which Unified Licence would be required.
In order to encourage traders to follow prescribed rules and procedures while carrying out their trade it is also necessary to contain illegal and irregular practices that circumvent the fee-net and adversely affect fair practices. Section 37 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 provides for penalty of offences committed thereunder. Many a times, the transmitters of specified agriculture produce, in the event of lawful seizure of produce, pay a penalty which is often much less as compared to the value of seized specified agriculture produce. Because of increase in prices, this has reduced the impact of financial penalty as a deterrent to offenders. Consequently, a need has arisen at present to modify this provision.
It has, therefore, been decided to amend the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 to introduce e-trading system and to enhance pecuniary penalty on persons who contravene the provisions of Sections 9 and 10 of the said Act.
The Uttar Pradesh Krishi Utpadan Mandi (Sanshodhan) Vidheyak, 2016 is introduced accordingly.
Section 1. Short title
1. Short title.-This Act may be called the Uttar Pradesh Krishi Utpadan Mandi (Sanshodhan) Adhiniyam, 2016.
Section 2. Amendment of Section 2 of U.P. Act No. 25 of 1964
2. Amendment of Section 2 of U.P. Act No. 25 of 1964.- In Section 2 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 hereafter referred to as the principal Act,-
(a) after clause (h-2), the following clause shall be inserted, namely-
"(h-3) ‘e-trading’ means trading in which billing, booking, contracting, negotiating, information exchange, record keeping and other connected activities are done electronically on computer network/internet;"
(b) after clause (k) the following clause shall be inserted, namely-
"(k-1) ‘Main Market Committee’ means the Mandi Samiti which is authorised to issue a unified licence;"
(c) after clause (y), the following clause shall be inserted, namely-
"(y-1) ‘Unified License’ means a license granted under Section 9-A.".
Section 3. Inserted of new Section 9-A
3. Inserted of new Section 9-A.- After Section 9 of the principal Act the following section shall be inserted, namely-
"9-A. Unified License for certain purposes.-(1) Any Main Market Committee authorised by the Board in this regard may grant unified license after obtaining prior approval of the Director in writing to purchase specified agriculture produce from the farmers in such manner as may be prescribed, for one or more of the following purposes-
(a) processing of specified agricultural produce;
(b) trading of specified agricultural produce;
(c) grading, packing and transaction in other way by value addition of specified agricultural produce.
(2) Market fee and development cess as provided in this Act, shall be payable on sale and purchase of specified agricultural produce in all market areas to the Main Market Committee.
(3) The Board may authorise one or more Market Committee in the State in this regard, and such authorised Market Committee shall be known as Main Market Committees.".
Section 4. Amendment of Section 37
4. Amendment of Section 37.-In Section 37 of the principal Act,-
(a) in sub-section (1),-
(i) in clause (a) for the words "five thousand rupees" the words "fifty thousand rupees" shall be substituted;
(ii) in clause (b) for the words "ten thousand rupees" the words "one lakh rupees" and for the words "Rupees One thousand" the words "Rupees Ten thousand" shall be substituted;
(iii) in the proviso to clause (b) for the words "two hundred fifty rupees" the words "two thousand and five hundred rupees", and for the words "five hundred rupees" the words "five thousand rupees" shall be substituted;
(b) in sub-section (2) for the words "two thousand rupees" the words "twenty thousand rupees" and for the words "Rupees Two hundred" the words "Rupees Two thousand" shall be substituted.