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THE ANDHRA PRADESH GAZETTE
PART IV-B EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 14] HYDERABAD, THURSDAY, OCTOBER 8, 2015.
ANDHRA PRADESH ACTS, ORDINANCES
AND REGULATIONS Ete.,
The following Act of the Andhra Pradesh
Legislature received the assent of the Governor on the
3™ October, 2015 and the said assent is hereby first
published on the 8" October, 2015 in the Andhra Pradesh
Gazette for general information.
ACT NO. 14 OF 2015
AN ACT FURTHER TO AMEND THE ANDHRA
PRADESH (AGRICULTURAL, PRODUCE AND
LIVESTOCK) MARKETS ACT, 1966.
Whereas, it has been felt necessary to create
transparent efficient and hassle free markets for
agricultural produce in the state ;
And whereas, the Government has announced
the Andhra Pradesh Agricultural marketing policy, 2015
focusing on the reduction/ elimination of barriers to
participation in markets and barriers to trade by linking
J.No. 15 [1]
2 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-B
Short title and
commencement.
Amendment of
section 2,
Act No. 16 of
1966...
all places of primary marketing and creation of a unified
virtual market of whole state;
AND WHEREAS, the Government of India is
also intent on creating national agricultural market and
has introduced new schemes;
AND WHEREAS, the Government of India has
stipulated certain prerequisties like issue of statewide
single trader license, single point levy of market fee,
online trade through electronic platform etc.
Be it enacted by the Legislature of the State of
Andhra Pradesh in the Sixty - sixth Year of the Republic
of India as follows:-
1 (1) This Act may be called the Andhra
Pradesh (Agricultural Produce and Livestock)
Markets (Amendment) Act, 2015.
(2) It shall come into force on such date as
the State Government may, by notification, appoint.
2. In the Andhra Pradesh (Agricultural Produce and
Livestock) Markets Act, 1966. (hereinafter referred to
as the principal Act), in section 2,-
(i) after clause (ij), the following clause shall be
added namely,-
“(ik) ‘Direct Purchase Centre’ means a place in
the notified area of Market Committee
licensed as a Direct Purchase Centre wherein
the operator of the Direct Purchase Centre
is permitted to buy the notified agricultural
produce from the producers,”.
1
(i) for clause (vi), the following clause shall be -
substituted, namely,-
“(vi) ‘market’ means a place established or
declared under sub-section (3) of section 4 and includes
a market yard and any building therein, a warehouse,
a cold storage, a processing unit, a Direct Purchase
OCTOBER 8, 2015 ANDHRA PRADESH GAZETTE EXTRAORDINARY ,
Centre or any other place declared as market by the
market committee,”,
(iii) Clause ‘(xva)’, shall be re-numbered as clause
(xvaa) and before clause (xvaa) so re-numbered, the
following new clause shall be inserted, namely,-
“(xva) ‘Registering Authority’ means the Secretary
of Market Committee when all the farmers are
from notified area of such committee or officer
authorized by Director of Marketing when
farmers are from notified areas of more than
one market committee for the purpose of
registering Contract Farming Sponsors and
Contract Farming Agreement,”.
(iv) after clause (xivb), the following new
clause shall be insterted, namely,-
“(xivbb) ‘processing पाएँ means a place in the
. notified area of Market Committee,
licensed as a processing unit wherein the
operator of the processing unit is permitted
to process the notified Agricultural
Produce, Livestock and Products of the
Livestock.”.
(v) after clause (xvii), the following clause shall be
.added, namely,-
“(xviii) ‘Warehouse’ means any building or
structure or other protected enclosure
including cold storage licensed as
Warehouse and used for the purpose of
storing agricultural produce on behalf of
the depositors”.
3. In the principal Act, in section 4,- Amendment of
section 4.
(1) in sub-section (3),-
(a) after clause (bb), the following clause
shall be added namely,-
ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-B
Amendment of
section 7.
4.
“(bbb) Every Market Committee may also
declare in the notified area any
warehouse or cold storage or
processing unit or any other place as .
a market by following the procedure
as may be prescribed.”; '
(b) for clause (c), the following shall be
_substituted namely,-
‘(c) The Market Committee shall specify
the limits of every market established
or declared as a market by it and the
Government may notify the markets
with such limits, to be notified market
~area for the purpose of this Act.”,
(2) sub-sections (4) and (5) shall be omitted.
In the principal Act, in section 7,-
(1) for the marginal heading, the following shall be
substituted, namely,-
“Licensing of Traders, Commission Agents
Processors, Direct Purchase Centres, Private
markets etc., and Regulation of Trade”.
(2) in sub-section (1),-
(i) after the words “any place for the
purchase, sale”, the word
“warehousing” shall be inserted;
(i) for the words “by the market
committee”, the words “under this
section” shall be substituted;
(iii) in the first proviso,after the words
“market committee”, the words “or the
Director of Marketing” shall be
inserted;
(iv) in the third proviso, after the words
“market committee”, the words “or the
OCTOBER 8, 2015 ANDHRA PRADESH GAZETTE EXTRAORDINARY 5
Director of Marketing or the Officer
authorized by him as the case may be”
shall be inserted and for the words “all
the arrears of amounts due to it”, the
words “all the arrears of amounts” shall
be substituted.
(3) after sub-section (1) so amended, the
following shall be inserted, namely,-
“(1-A) There shall be a State wide
single licence for the trader to be
granted / renewed by the Director of
marketing or an Officer authorized by
him in the manner and in the form as
may be prescribed. The existing trader
licences granted by the Agricultural
Market Committees shall be converted actNo. 14 of 2015.
into State wide single trader, licence
by the Director of Marketing or the
Officer authorized by him, within six
(6) months: from the date of
commencement of the Andhra
Pradesh (Agricultural Produce and
Livestock) Markets (Amendment) Act,
2015. Until then the existing trader
licences granted by the Agricultural
Market Committees are deemed to
have been the State wide single trader
licences;
(1-B) Acommission agent licence shall
be granted / renewed by the
Agricultural Market Committee in the
manner in the form as may be
prescribed to operate as a
Commission Agent in a market;
(1-C) Warehouse licence shall be
granted /renewed by the Agricultural
Market Committee for establishing/
ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-B
(4)
(5)
(6)
operating a warehouse in the notified
area of the Market Commiittee, in the
manner and in the form as may be
prescribed;
(1-D) Processor licence shall be
granted / renewed by the Agricultural
Market Committee for establishing /
operating of a processor in the notified
area of the market committee, in the
manner and in the form as may be
prescribed;
(1-E) Licence for all other purposes
mentioned under sub-section (1) shall
be granted/renewed by the Agricultural
Market Committee to operate
anywhere in the notified area, in the
manner and in the form as may be
prescribed,”.
in sub-section (4)(a), in clauses (ii), (iii)
and (iv), after the words “market
committee”, the words “or the Director
of Marketing or the Officer authorized
by him as the case may be” shall be
inserted,
in sub-section (4)(b), after the words
“‘market committee”, the words “or the
Director of Marketing or the Officer
authorized by him as the case may
be” shall be inserted and for the
expression “sub-section (1)”, the
expression “sub-sections (1-A), (1-B),
(1-C), (1-D) and (1-E)” shall be -
substituted.”.
for sub-section (6), the following shall '
be substituted, namely,-
“(6) Notwithstanding anything
contianed in sub-section (1), no
person shall purchase for sale or
processing any notified agricultural
e i i e L
OCTOBER 8, 2015 ANDHRA PRADESH GAZETTE EXTRAORDINARY
(7)
produce, live stock and products of live
stock outside the market established/
declared by the market committee or
outside the licensed Direct Purchase
Centres,”.
for sub-section (7) along with proviso
thereto, the following shall be
substituted, namely,-
“(7) Notwithstanding anything
contained in sub-sections (1) to (6), the
Director of Marketing may grant/renew
licence in the manner and in the form
prescribed, to a person, after
examination of the credentials,
experience and the proposed pian to
establish a Driect Purchase Centre in
a notified area, with such facilities as
prescribed, for making purchases from
the growers of the agricultural
~ produce, live stock and products of live
(8)
stock for processing, grading, packing,
storing and for sale/export of the
products:
Provided that the licence so
granted under sub-section(7) shall be
suspended or cancelled for violation
of any provisions of the Act.”,
after sub-section (8), the following shall
be added, namely,-
“(9) Notwithstanding anything
contained in sub-sections (1) to (8), the
Government may grant/renew a
licence to establish and operate
private market in the manner and form
as may be prescribed, after
examination of the credentials,
experience and proposed plan to
establish a private market in a notified
7
8 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-B
area, for the purposes of this Act with
such facilities as prescribed for
facilitating transparent and effiecient
trading of notified agricultural produce,
live stock and products of live stock:
Provided that the licence so granted
shall be suspended or cancelled for
violation of any provisions of the Act.
(10)(a) The Director of Marketing may
from time to time identify and notify
the markets for conducting online
trade through electronic platform and
direct the market committee to provide
infrastructure for conducting online
trade within the stipulated time and the
market committee shall provide the
infrastructure within the stipulated
time.
(b) After satisfying himself that the
necessary infrastructure is provided in
the selected markets, the Director of
Marketing shall notify the date with
effect from which online trade through
electronic platform shall take place.”.
Omissi sty .
secmt'is:n'o?nAOf 3: In the principal Act, sections 7A and 7B
and 7B. shall be omitted.
Amendment of 6. In the principal Act, in section 11, for sub-
section 11.
section (1), the following shall be
substituted, namely,-
OCTOBER 8, 2015 ANDHRA PRADESH GAZETTE EXTRAORDINARY 9
“(1) Every contract entered into by a market committee
shall be in writing and signed by the Secretary
of the Market Committee in the manner as
may be prescribed,”.
7. In the principal Act, for section 11A, the Substitution of
following shall be substituted, namely,- SR शी
—J“ 11A. (1) Every contract farming
Contract | sponsor shall register with
Farming. |Registering Authority in such
manner and on payment of such
fee as may be prescribed
(2) The contract farming sponsor shall
register the contract farming agreement, with
the Registering Authority in such manner and
in such form as may be prescribed.
(3) Notwithstanding anything contained
in contract farming agreement, no title, rights,
ownership or possession shall be transferred
or attenuated or vest in the contract farming
sponsor or his successor or his agent as a
consequence arising out of the contract
farming agreement.
(4) Any dispute arising out of contract
farming agreement shall be decided by the
Registering Authority. He shall resolve the
dispute in a summary manner within thirty
days from the date of reference of dispute
by giving the parties a resonable opportunity
of being heard, in such manner as may be
prescribed.
(5) The party aggrieved by the
decision of the Registering Authority under
sub-section (4), may prefer an appeal to the
Director of Marketing within thirty days from
the date of decision. The Director of
Marketing shall dispose off the appeal within
thirty days after giving the parties a reasonble
10
ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-B
Amendment of
section 12.
Amendment of
section 12-F.
Amendment of
section 16.
opportunity of being heard and the decision
of the Director of Marketing shall be final.
(6) The decision of the authority under
_ sub-section (4) and decision in appeal under
sub-section (5) shall have the force of a
decree of the Civil Court and shall be
enforceable as such and decretal amount
shall be recovered as arrears of land
revenue.
(7) The agricultural produce under
contract farming shall be sold to the contract
farming sponsor in the manner prescribed,
on payment of market fee by the contract
farming buyer,”.
8. In the principal Act, in section 12, after sub-section
(1) and before the Explanation-|, the following shall be
inserted, namely,-
“(1-A) The Market Fee under sub-section(1)
shall be single point levy on notified
Agricultural Produce, Live stock and Product
of Live stock. If the Market Fee is levied and
collected by any Market Committee in the
State, and such Agricultural Produce, Live
stock and Product of live stock sold or
processed within the State are exported
outside the State, it shall be exempted from
the levy of Market Fee subject to production
of evidence of payment of Market Fee as
may be prescribed.”.
9. In the principal Act, in section 12-F, in sub-section
(1) , for the words “or on an application made to him”,
the expression “or on an application made by the
petitioner, after exhausting the opportunity under section
12-E”, shall be substituted.
10. In the principal Act, in section16,-
(1) insub-section (1), for the words “ten percent”,
the words “twenty five percent”, shall be
substituted;
OCTOBER 8, 2015 ANDHRA PRADESH GAZETTE EXTRAORDINARY 11
(2) in sub-section (2), after clause (iii), the
following new clause shall be inserted,
namely,-
“(iii-a). grant of incentives for attracting private
investments into the designated marketing
related infrastructure in such manner as may
be specified by general or special order.”.
C.S.S.V. DURGA PRASAD,
Secretary to Government,
Law Department.