GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
THE MAHARASHTRA AGRICULTURAL PRODUCE
MARKETING (DEVELOPMENT AND
REGULATION) ACT, 1963.
( As modified upto the 4th December 2018.)
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS, WAI AND PUBLISHED BY
THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
MAHARASHTRA STATE, MUMBAI–400 004.
[ Price–– 62.00 ]
MAHARASHTRA ACT No. XX OF 1964.
THE MAHARASHTRA AGRICULTURAL PRODUCE MARKETING
(DEVELOPMENT AND REGULATION) ACT, 1963.
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Notification of intention of regulating marketing of agricultural produce
in specified area.
4. Declaration of regulation of marketing of specified agricultural produce
in market area.
5. Establishment of markets.
CHAPTER I-A
ESTABLISHMENT OF NATIONAL INTEGRATED PRODUCE MARKET
5A. Establishment of National Integrated Produce Market.
5B. Power to make regulations.
5C. Other provisions of Act not to apply to National Integrated Produce Market.
CHAPTER I-B
DIRECT MARKETING, ESTABLISHMENT OF PRIVATE MARKET
AND FARMER-CONSUMER MARKET.
5D. Direct marketing, establishment of private market and farmer-consumer
market and redressal of disputes.
CHAPTER I-C
CONTRACT FARMING AGREEMENT
5E. Procedure and form of Contract Farming Agreement.
CHAPTER I-D
MARKETING THROUGH ELECTRONIC TRADING
5F. Establishment of Electronic trading platform.
5G. Grant or Renewal of licence to establish Electronic trading platform.
5H. Integration of licence holder under section 5G to E-platform.
5I. Interoperability of E-trading platform.
5J. Payment to the sellers and maintenance of accounts.
5K. Suspension or Cancellation of licence of electronic trading platform.
5L. Dispute settlement.
5M. Obligation of licensee under section 5G for E-trading platform.
CHAPTER II
MARKETING OF AGRICULTURAL PRODUCE
6. Regulation of marketing of agricultural produce.
7. Grant of licences.
8. Power to cancel or suspend licences.
9. Appeal.
10. Provision for settlement of disputes.
CHAPTER III
CONSTITUTION OF MARKET COMMITTEES
11. Establishment of Market Committees.
12. Incorporation of Market Committees.
13. Constitution of Market Committees.
14. Election and term of office members.
14A. Election Fund.
15. Commencement of term of office of members.
15A. Provision for appointment of Administration after normal or extended term
of office of members expires.
16. Resignation of members and nomination in certain circumstances.
17. Removal of member for misconduct.
18. Casual Vacancies.
19. Election of Chairman and Vice-Chairman.
20. Term of office of Chairman and Vice-Chairman.
21. Chairman and Vice-Chairman to hold office until their successors enter
upon office.
21A. Honorarium to Chairman and Vice-Chairman.
22. Procedure for election of Chairman and Vice-Chairman.
23. Resignation of Chairman and Vice-Chairman.
23A. Motion of no-confidence against Chairman or Vice-Chairman.
24. Consequence of absence of Chairman, Vice-Chairman or member without leave.
25. Vacancies in office of Chairman and Vice-Chairman to be filled up.
26. Refusal to handover charges to new Chairman or Vice-Chairman.
27. Meeting, etc., of Market Committee.
27A. Annual General meeting of the Market Committee.
28. Members to act during vacancy; acts of Committee, etc., not to be invalidated
by informalities.
SECTIONS.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(ii)
29. Powers and duties of Market Committee.
30. Appointment of sub-committees; delegation of power.
30A. Power of the Market Committee to open collection centres for marketing
of notified produce; provisions for receipt and payment by purchaser.
31. Power of Market Committee to levy fees and rates of commission (Adat).
32. Power to borrow.
32A. Power to order production and power of entry, inspection and seizure.
32B. Power to write off loss, shortage or fee, etc., which is irrecoverable.
32C. Power to make alternative arrangements during strike.
32D. Power to take steps to prevent purchases of agricultural produce below
support price.
32E. Power of Market Committee to evict from shop, gala, shed, plot, or any other
premises and to remove encroachment.
33. Execution of contracts.
34. Certain disputes regarding construction of rules, etc., about weights and
measures to be decided by Market Committee.
CHAPTER IV-A
A COST OF SUPERVISION
34A. Supervision over purchase of agricultural produce in any market or market
area and payment of cost of supervision by purchasers.
34B. Market Committee to collect cost of supervision.
34C. Default of Market Committee in collecting or paying cost of supervision.
CHAPTER V
OFFICERS AND SERVANTS OF MARKET COMMITTEE
35. Power of Market Committee to employ staff.
35A. Power of Government to appoint Secretary of Market Committee.
SECTIONS.
CHAPTER IV
THE MARKET COMMITTEE : POWERS AND DUTIES
1964 : Mah. XX]
(iii)
Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
CHAPTER VI
THE MARKET FUND
36. Market Fund; its custody and investment.
37. Purposes for which Market Fund may be expended.
38. Manner of preparing budget, etc.
38A. Funds not to be utilised for certain proceedings filed or taken by or against
officers in personal capacities.
CHAPTER VII
TRADES ALLOWANCES PROHIBITED
39. Making or recovery of trade allowance prohibited.
CHAPTER VII-A
STATE AGRICULTURAL MARKETING BOARD
39A. Establishment of State Agricultural Marketing Board.
39B. Constitution of State Marketing Board.
39B-1. Managing Director of State Marketing Board.
39C. Officers and servants of State Marketing Board.
39D. Member not disqualified from contesting election or as members of State
Legislature or local authorities.
39E. Term of office of members.
39F. Casual vacancies.
39G. Members to act during vacancy; acts, etc., of State Marketing Board, etc.,
not to be invalidated by informalities.
39H. Resignation of members.
39I. Allowances of members.
39J. Functions and powers of State Marketing Board.
39K. Regulations.
39L. Establishment and administration of Agricultural Marketing Development
Fund.
39M. Power of State Marketing Board to borrow.
39N. Utilisation of the Development Fund.
39O. Audit of Accounts.
SECTIONS.
(iv)
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
CHAPTER VIII
CONTROL
40. Inspection, inquiry, submission of statements, etc.
41. Duty of officers and members to furnish information to Director, authorised
officers and State Government.
41A. Powers of the Director to prohibit execution of resolution passed or order
made by Committee, etc.
42. Seizure of account books and other documents.
43. Powers of State Government or Director to call for proceedings of Market
Committee, etc., and to pass orders thereon.
44. Amalgamation or division of Market Committees.
45. Supersession of Market Committee, etc.
CHAPTER IX
PENALTIES
46. Penalty for contravention of section 6.
46A. Penalty for contravention of provisions relating to E-trading.
47. Penalty for not complying with directions under section 26 (2).
48. Penalty for making or recovering trade allowance.
49. Penalty for failure to obey order under section 40.
50. Penalty for contravening provisions of section 40 or 43.
51. Penalty for contravention of section 42.
52. General provision for punishment of offences.
52A. Compounding of offence.
52B. Appeal.
SECTIONS.
1964 : Mah. XX]
(v)
Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
CHAPTER X
MISCELLANEOUS
53. Members to be held responsible for misapplied funds.
54. Chairman, Vice-Chairman, members, Secretary and servants of Market
Committee to be public servants.
55. Bar of suit in absence of notice.
56. Trial of offences.
57. Recovery of sums due to Government or Market Committee.
58. Power of State Government to delegate powers.
59. Power to exempt Market Committee, etc., from provisions of Act.
59A. Duty of local authorities to give information and assistance to Market
Committee.
59B. Duty of Police Officer.
60. Rules.
61. Bye-laws.
61A. Powers of Director to direct making or amending by-laws.
62. Power of State Government to amend Schedule.
63. Saving.
64. Repeal and savings.
65. Power to State Government to transfer assets, etc., in cases of Market
Committees constituted for excluded area under Bom. XXII of 1939.
66. Removal of difficulties.
SCHEDULE.
SECTIONS.
(vi)
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
[This Act received the assent of the Governor on the 30th April 1964;
assent was first published in Maharashtra Government Gazette, Part IV on the
5th May 1964.]
Amended by Mah. 32 of 1970.
” ” ” 34 of 1971.*
” ” ” 2 of 1972.
” ” ” 26 of 1972.
” ” ” 39 of 1973 (24-9-1973). †
” ” ” 30 of 1974 (31-8-1974). †
” ” ” 73 of 1975 (30-12-1975). †
” ” ” 58 of 1976 ‡ (25-11-1976). †
” ” ” 31 of 1977. ¶
MAHARASHTRA ACT No. XX OF 19641.
[THE MAHARASHTRA AGRICULTURAL PRODUCE MARKETING
(DEVELOPMENT AND REGULATION) ACT, 1963.]
1
For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1963, Part V, pages
283-84; for Report of the Joint Committee, see 1964, part V, pages 59-91.
*
Maharashtra Ordinance No. III of 1971 was repealed by Mah. 34 of 1971, s. 3.
† This indicates the date of commencement of the Act.
‡ Maharashtra Ordinance No. X of 1976 was repealed by Mah. 58 of 1976, s. 5.
¶ Section 3 of Mah. 31 of 1977 reads as follows :––
“3. (1) The members of any Market Committees constituted under the Marketing
Regulation Act (excluding those constituted for the first time), who were in office on the
6th day of September 1975 (whether their original term of office of three years or extended
term of office under section 14 of the Marketing Regulation Act had expired before the 6th
day of September 1975 or expires during the period the Maharashtra Agricultural Produce
Marketing (Regulation) (Postponement of Elections during the Emergency) Act, 1975,
hereinafter referred to as “the Postponement of Elections Act”, is in force) shall also be
entitled to hold office for the revised term of five years, instead of three years :
Provided that, in computing this term of five years any extension of the term granted
under the proviso to sub-section (3) of section 14 of the Marketing Regulation Act or
under section 3 of the Postponement of Elections Act shall be taken into account.
Even after the expiry of their term of office, these members [including their successors
(if any) appointed or nominated in casual vacancies] shall be entitled to continue in office
till the date immediately preceding the date of the first meeting of the new Market
Committees at which business is transacted.
(2) The members of any Market Committees whose elections are held under clause
(a) of sub-section (1), or under sub-section (2) of section 3 of the Postponement of
Elections Act shall also be entitled to hold office for the revised term of five years, instead
of three years, and the term of office of members of any such Committees may be extended
by the State Government under the proviso to sub-section (3) of section 14 of the
Marketing Regulation Act.
(3) Except as otherwise provided by this section, the Marketing Regulation Act and
the Postponement of Elections Act shall in other respects apply to the Market
Committees concerned.”.
Revised term
of five years
to apply to
members of
Market
Committees
in office on
the 6th
September
1975 and
those elected
or appointed
thereafter.
Mah.
LXVII
o f
1975.
Amended by Mah. 50 of 1977 § (27-9-1977). †
” ” ” 10 of 1984 @ (6-1-1984). †
” ” ” 34 of 1984 $ (22-10-1984). †
” ” ” 25 of 1985. **
” ” ” 27 of 1987 (1-10-1987). †
” ” ” 5 of 1989.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
§ Maharashtra Ordinance No. VIII of 1977 was repealed by Mah. 50 of 1977, s. 4.
† This indicates the date of commencement of the Act.
@ Maharashtra Ordinance No. I of 1984 was repealed by Mah. 10 of 1984, s. 11.
$ Maharashtra Ordinance No. X of 1984 was repealed by Mah. 34 of 1984, s. 3.
** For validation of acts and things done by Administrator, see section 3 of Mah. 25 of 1985.
Amended by Mah. 8 of 1994 $$ (16-11-1993). †
” ” ” 9 of 1996 $$$ (18-11-1995). † @@
” ” ” 5 of 1999 (16-11-1998). †
$$ Maharashtra Ordinance No. XVII of 1993 was repealed by Mah. 8 of 1994, s. 4.
$$$ Maharashtra Ordinance No. XVII of 1995 was repealed by Mah. 9 of 1996, s. 7.
@@ Sections 2 to 6 of Mah. 9 of 1996 are as follows :––
“2. During the period of two years commencing on the date of commencement of this Act
or till the external monitory debt of the Bombay Agricultural Produce Market Committee
(hereinafter referred to as “the said Market Committee”), is reduced to rupees fifty crores,
whichever is earlier, the Maharashtra Agricultural Produce Marketing (Regulation) Act,
1963 (hereinafter referred to as “the principal Act”), shall have effect, as if, in section
13, in sub-section (1A),–
(1) In clause (a), for sub-clauses (i), (ii), (ii-a), (iii), (iv), (v), (vi) and (vii) the
following sub-clauses had been substituted, namely :––
“(i) The Secretary (Marketing), Co-operation and Textiles Department,
ex-officio Chairman;
(ii) The Metropolitan Commissioner appointed under the Mumbai Metropolitan
Region Development Authority Act, 1974, ex-officio Member;
(iii) The Director of Agricultural Marketing, Maharashtra State, Pune, or his
representative, ex-officio Member;
(iv) Nominee of Consortium of Banks led by the State Bank of India, ex-officio
Member;
(v) The Secretary of the Market Committee, ex-officio Member-Secretary.”;
(2) clause (b) had been deleted.
3. Notwithstanding anything contained in clause (b) of sub-section (1) of section 15A of the
principal Act, or any orders issued thereunder, the appointment of the Administrator made
under the said clause (b) for the said Market Committee, shall come to an end, on the date
of commencement of this Act :
Provided that, all acts and things done by the Administrator from the date of expiry
of the period of six months from the date of his appointment till the date of commencement
of this Act, shall be valid and shall be deemed always to have been valid and no suit or
proceeding shall be instituted, maintained or continued against the Administrator on the
ground that after the expiry of the said period of six months, he had no authority to do
such acts or things under the provisions of the principal Act.
4. Notwithstanding anything contained in this Act, on the date (being a date immediately after
the date of expiry of the period mentioned in section 2), to be notified by the State
Government in the Official Gazette, arrangements shall be made by the officers concerned
to reconstitute the said Market Committee by holding elections in accordance with the
provisions of the principal Act.
5. The members of the said Market Committee as constituted by sub-section (1A) of section
13 of the principal Act as amended by section 2 shall, notwithstanding the expiry of the
period mentioned in the said section 2, shall continue in office till the date immediately
preceding the date of the first meeting of the reconstituted Market Committee after the
election is held, where there is a quorum.
6. Except as otherwise provided by this Act, provisions of the principal Act shall in all other
respects apply, mutatis mutandis, to the said Market Committee.”
Mah.
XX of
1964.
Temporary
amendment
of section
13 of Mah.
XX of
1964.
Mah. IV of
1975.
Term of
Admini-
strator.
Arrange-
ments to be
made to
re-constitute
the said
Market
Committee.
Continuance
in office
of members.
Application
of Mah. XX
of 1964.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Amended by Mah. 15 of 1999 (27-1-1999). †
” ” ” 33 of 2000 (10-5-2000). †
” ” ” 11 of 2003 (8-4-2003). †
” ” ” 13 of 2003 (9-4-2003). †
” ” ” 48 of 2005 (25-9-2006). †
” ” ” 25 of 2006 (19-7-2006). †
” ” ” 47 of 2006 (1-11-2006). †
” ” ” 7 of 2007** (1-6-2006). †
” ” ” 10 of 2008* (22-1-2008). †
” ” ” 21 of 2010 (30-7-2010). †
” ” ” 35 of 2016 ‡ (16-6-2015). †
” ” ” 7 of 2017 @ (5-7-2016). †
” ” ” 13 of 2018 @@ (13-6-2017). †
” ” ” 51 of 2018 @@@ (29-6-2018). †
An Act to 1[develop and] regulate the marketing of agricultural and
certain other produce in market areas and markets 2[including private
markets and farmer consumer markets] to be established therefor in the
State; to confer powers upon Market Committees to be constituted in
connection with or acting for purposes connected with such markets; to
establish Market Fund for purposes of the Market Committee and to
provide for purposes connected with the matters aforesaid.
WHEREAS it is expedient to 3[develop and] regulate the marketing of
agricultural and certain other produce in market areas and markets 4[including
private markets and farmer-consumer markets] to be established therefor in the
State; to confer powers upon Market Committees to be constituted in connection
with or acting for purposes connected with such markets; to establish Market
Fund for purposes of the Market Committees and to provide for purposes
connected with the matters aforesaid; It is hereby enacted in the Fourteenth Year
of the Republic of India as follows :––
[1964 : Mah. XX
** This Act came into force on 1st June 2007 vide G. N., C and TD., No. Krubasa,. 2006/C.R. 283/
11-c, dated 28th May, 2007.
† This indicates the date of commencement of Act.
1
These words were inserted by Mah. 48 of 2005, s. 2 (1).
2
These words were inserted by Mah. 48 of 2005, s. 2 (2).
3
These words were inserted by Mah. 48 of 2005, s. 3 (1).
4
These words were inserted by Mah. 48 of 2005, s. 3 (2).
* Maharashtra Ordinance No. I of 2008 was repealed by Mah. 10 of 2008, s. 8.
‡ Maharashtra Ordinance No. VIII of 2016 was repealed by Mah. 35 of 2016, s. 3.
@ Maharashtra Ordinance No. XX of 2016 was repealed by Mah. 7 of 2017, s. 5.
@@ Maharashtra Ordinance No. XVII of 2017 was repealed by Mah. 13 of 2018, s. 6.
@@@ Maharashtra Ordinance No. XIX of 2018 was repealed by Mah. 51 of 2018, s. 8.
Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
CHAPTER I.
PRELIMINARY
1. (1) This Act may be called the Maharashtra Agricultural Produce
Marketing 1[Development and Regulation] Act, 1963.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date 2as the State Government may, by
notification in the Official Gazette appoint.
2. (1) In this Act, unless the context otherwise requires,––
(a) “agricultural produce” means all produce (whether processed or not) of
agriculture, horticulture, animal husbandry, apiculture, pisciculture, 3[fisheries] and
forest specified in the Schedule;
(b) “agriculturist” means a person who ordinarily by himself or by hired
labour or otherwise is engaged in the production or growth of agricultural produce
which has not been processed, but does not include a trader, commission agent,
processor, or 4[broker, an employee of Government or of any co-operative
society or of a Market Committee, or a partner in trading firm or an industrial
concern in or in relation to agricultural produce although such trader, commission
agent, processor, broker an employee of Government or of any co-operative
society or of any Market Committee or a partner in trading firm or an industrial
concern], may also be engaged in the production or growth-of agricultural produce;
(c) “broker” means an agent who contrives, makes and concludes a
bargain or contracts on behalf of his principal for the purchase or sale of
agricultural produce for which he receives a fee or remuneration, but does not
receive, deliver, transport, or pay for the purchase, or collect payment for the sale,
of the agricultural produce;
5[(ca) “buyer” means a person, the Central Government or any State
Government, who himself or itself or on behalf of any person or agent buys or
agrees to buy agricultural produce in the market area;]
(d) “bye-laws” means bye-laws made under section 61;
(e) “commission agent” means a person who by himself or through his
servants buys and sells agricultural produce for another person, keep it in his
custody and controls it during the process of its sale or purchase, and collects
payment therefor from the buyer and pays it to the seller, and receives by way of
remuneration a commission or percentage upon the amount involved in each
transaction;
6[(ea) “direct marketing” means the purchase of agriculture produce
directly from the agriculturists by a direct marketing licence holder under sub-
section (1) of section 5D;]
7[(e1) “Contract Farming” means farming by a Contract Farming
Producer under written agreement with Contract Farming Sponser to the effect
that farm produce shall be purchased by the Contract Farming Sponsor as
specified in the agreement;
(e2) “Contract Farming Agreement” means written agreement made for
Contract Farming;
Short title,
extent and
commence-
ment.
1964 : Mah. XX]
Definitions.
1 Brackets and words were substituted for the brackets and word “(Regulation)” by Mah. 48 of 2005, s. 4.
2 25th day of May 1967 vide G. N., A and C. D., No. APM. 1167/8802-C-1, dated 19th May 1967.
3 This word was inserted by Mah. 11 of 2003, s. 2.
4 This portion was substituted for the portion beginning with the words “broker in agricultural produce”
and ending with the words “or broker” by Mah. 27 of 1987, s. 2 (a).
5 Clause (ca) was inserted by Mah. 27 of 1987, s. 2 (b).
6 Clause (ea) was inserted by Mah. 48 of 2005, s. 5 (1).
7 Clauses (e1) to (e4) were inserted by Mah. 25 of 2006, s. 2.
Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Mah.
XXIV
of 1961.
(e3) “Contract Farming Producer” means an agriculturist or an
association of agriculturists who have agreed to produce and supply agricultural
produce as per the Contract Farming Agreement;
(e4) “Contract Farming Sponsor” means a person who has entered into
the Contract Farming Agreement;]
( f ) “Director” means a person appointed as the Director of Agricultural
Marketing 1 for the State of Maharashtra 2[and
includes any officer or officers empowered by the State Government by
notification in the Official Gazette, to exercise or perform such of the powers and
functions of the Director under the provisions of this Act or rules or bye-laws made
thereunder, as may be specified in such notification;]
3[(f-1a) “District Deputy Registrar” means the District Deputy Registrar
of Co-operative Societies appointed under the Maharashtra Co-operative
Societies Act, 1960;
4[(f-1b)] “Electronic trading” or “E-trading” means the trading of agricultural
produce in which registration, auctioning, billing, booking, contracting, negotiation,
information exchanging, record keeping and other connected activities are done
electronically on electronic trading platform;
(f-1c) “Electronic trading platform” or “E-trading platform” means the
electronic platform set up either by the State Government or the Government
Agencies or a person licensed under this Act for conducting trading in
agricultural produce through electronic media or by any means of communication
in which registration, buying and selling, billing, booking, contracting and
negotiating are carried out online through computer network or internet or any
other such electronic device. Such Electronic trading platform shall be regulated
by such authority as may be notified by the Government;
5[(f1) “farmer-consumer market” means a market established by a
licence holder under sub-section (2) of section 5D;]
6[(f2) “Government Agency” means the agency so notified by the State
Government which includes the State Agricultural Marketing Department, the
Maharashtra State Agricultural Marketing Board and the Agricultural Produce
Market Committee established or constituted under this Act;]
7[(fa)] “Hamal” means a hamal or a coolie or a labourer, engaged for
loading, unloading, filling, emptying, stacking, stitching, sorting, cleaning or
carrying any agricultural produce or doing any work preparatory or incidental
thereto in the market area and who holds a valid licence for the purpose from
the Market Committee;]
8[(fb) “licence” means licence granted under the provisions of this Act
and the term “licensee” shall be construed accordingly;]
(g) “local authority” includes a Panchayat Samiti;
9[(ga) “Managing Director” means a person appointed by the
State Government, as the Managing Director of the State Marketing Board
under section 39B-1;]
(h) “market” means any principal market established for the purposes
of this Act and also a subsidiary market 10[under section 5];
(i) “market area” means an area specified in a declaration made under
section 4 11[and inculdes the area deemed to be a market area under clause (a)
of sub-section (1A) of section 13];
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1 The words “and Rural Finance” were deleted by Mah. 32 of 1970, s. 2 (1) (a).
2 This portion was added by Mah. 27 of 1987, s. 2 (c).
3 Clause (f-1a) was inserted by Mah. 7 of 2007, s. 2.
4 These clauses were substituted for clause (f-1b) by Mah. 51 of 2018, s. 2 (a).
5 Clause (f1) was inserted by Mah. 48 of 2005, s. 5 (2).
6 Clause (f2) was inserted by Mah. 51 of 2018, s. 2 (b).
7 Clause (fa) was inserted by Mah. 27 of 1987, s. 2 (d).
8 Clause (fb) was inserted by Mah. 51 of 2018, s. 2 (c).
9 This clause was inserted by Mah. 21 of 2010, s. 2.
10 These words were added by Mah. 7 of 2017, s. 2 (b).
11 This portion was added by Mah. 5 of 1989, s. 2 (a).
(j) “Market Committee” or “Committee” means a committee constituted
for a market area under section 11 1[and includes 2[the Bombay Agricultural
Produce Market Committee established under clause (a) of sub-section (1A)
3[and the Divisional or Regional Market Committee declared under clause (a) of
sub-section (1-B)] of section 13 and]; a committee or committees constituted as
a result of amalgamation of Market Committees or division of a Market Committee
under section 44];
(k) “member” means a member of a Market Committee;
(l) “Panchayat Samiti” means a Panchayat Samiti established under the
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;
(m) “prescribed” means prescribed by rules made under this Act;
4[(ma) “private market” means a market established by a licence holder
under sub-section (1) of section 5D;]
(n) “processor” means a person who processes any agricultural produce
5[either of his own account, or] on payment of charge;
(o) “retail sale” means, in relation to any agricultural produce, sale of that
produce not exceeding such quantity as a Market Committee may by bye-laws
determine to be a retail sale;
(p) “rules” means rules made under this Act;
(q) “Schedule” means the Schedule to this Act;
(r) “Secretary” means a Secretary of a Market Committee and includes a
Joint, Deputy or Assistant Secretary;
6[(r1) “special commodity market” means a market declared under sub-
section (4) of section 4;]
7[(r2) “State Co-operative Election Authority” means the State
Co-operative Election Authority constituted under section 73CB of the
Maharashtra Co-operative Societies Act, 1960;]
8[(ra) “State Marketing Board” means the Maharashtra State
Agricultural Marketing Board established under section 39A];
(s) “Surveyor” means a person who on arrival of a consignment of
agricultural produce for sale in any market area or market, surveys it for
ascertaining the quality, refraction, adulteration and other like factors;
(t) “trader” means a person who buys or sells agricultural produce, as a
principal or as duly authorised agent of one or more persons;
(u) “Zilla Parishad” means a Zilla Parishad established under the
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
Mah.V
of 1962.
Mah.V
of 1962.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1 This portion was added by Mah. 27 of 1987, s. 2 (e).
2 This portion was inserted by Mah. 5 of 1989, s. 2 (b).
3 This portion was inserted by Mah. 48 of 2005, s. 5 (3).
4 Clause (ma) was inserted by Mah. 48 of 2005, s. 5 (4).
5 These words were inserted by Mah. 32 of 1970, s. 2 (1) (b).
6 This clause was inserted by Mah. 48 of 2005, s. 5 (5).
7 This clause was inserted by Mah. 13 of 2018, s. 2.
8 Clause (ra) was inserted by Mah. 27 of 1987, s. 2 (f).
Mah. XXIV
of 1961.
1 These words were substituted for the words “from the date of the notification” by Mah. 32 of 1970, s. 3.
2 These words were substituted for the words “the language of the area in a newspaper” by Mah. 27
of 1987, s. 3(a).
3 These words were inserted by Mah. 27 of 1987, s. 3(a).
4 This sub-section was added by Mah. 48 of 2005, s. 6.
(2) If any question arises whether a person is or is not an agriculturist for the
purposes of this Act, the matter shall be referred to the Director, and the decision
of the Director thereon shall be final.
Market Areas and Markets
3. (1) The State Government may, by notification in the Official Gazette,
declare its intention of regulating the marketing of such agricultural produce, in such
area, as may be specified in the notification. The notification may also be published
in the language of the area in any newspaper circulating therein, and shall also be
published in such other manner as in the opinion of the State Government is best
calculated to bring to the notice of persons in the area, the intention aforesaid.
(2) The notification shall state that any objections or suggestions which may
be received by the State Government within a period of not less than one month
1[to be specified in the notification] will be considered by the State Government.
4. (1) On the expiry of the period specified in the notification issued under
section 3, the State Government shall consider the objections and suggestions, if any,
received before the expiry of such period and may, if it considers necessary, hold an
inquiry in the manner prescribed.
Thereafter, the State Government may, by another notification in the Official
Gazette, declare that the marketing of the agricultural produce specified in the
notification shall be regulated under this Act, in the area specified in the notification.
The area so specified shall be the market area. A notification under this section may
also be published in 2[a newspaper in the Marathi language] circulating therein, and
shall also be published in such other manner as in the opinion of the State Government
is best calculated to bring to the notice of persons in the area the declaration aforesaid.
(2) On any declaration being made under sub-section (1) no local authority
3[or any other person] shall thereafter, notwithstanding anything contained in any law
for the time being in force, establish, authorise or continue or allow to be established,
authorised or continued any place in the market area for the marketing of that
agricultural produce.
(3) Subject to the provisions of section 3, the State Government may, at any
time by notification in the Official Gazette, exclude from a market area any area,
or include therein an additional area, or may direct that the regulation of the marketing
of any agricultural produce in any market area shall cease, or that the marketing of
any agricultural produce (hitherto not regulated) shall be regulated in the market area.
4[(4) The State Government may, by notification in the Official Gazette,
declare, in addition to the existing market, a special commodity market for any
market area after considering the turnover and special infrastructure requirements for
marketing of a particular agricultural produce.]
Notification
of intention
of
regulating
marketing
of
agricultural
produce in
specified
area.
Declaration
of regula-
tion of
marketing
of specified
agricultural
produce in
market area.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
5. (1) For every market area, there shall be established a principal market,
and there may be established one or more subsidiary markets.
(2) The Director shall, as soon as possible after the issue of a notification
under sub-section (1) of section 4, by a notification in the Official Gazette, establish
any place (including any structure, enclosure, open place or locality) in any market
area to be the principal market for the marketing of the agricultural produce specified
in that notification; and may by the same notification, or by like notification, establish
in any other like places in the market area, subsidiary markets for the marketing of
such agricultural produce.
1[CHAPTER I-A
ESTABLISHMENT OF NATIONAL INTEGRATED PRODUCE MARKET
5A. (1) Notwithstanding anything contained in this Act or any other law for
the time being in force, the State Government may, by notification in the Official
Gazette, declare that with effect from such date as may be specified in such
notification there shall be, established, for marketing fruits and vegetables in respect
of Mumbai and its surrounding area of 75 Kilometers radius or for any area or areas
in the State, a National Integrated Produce Market owned and managed as an
autonomous entity by the National Dairy Development Board incorporated under the
National Dairy Development Board Act, 1987 or any other recognised body corpo-
rate under the State Act, Government Corporation, Company registered under the
Companies Act, 1956, directly or through any organisation set up by it or in
conjuction with farmer’s association and thereupon the National Dairy Development
Board or any other organisation as the case may be, may,––
(a) establish a National Integrated Produce Market of fruits and vegetables
in any area or areas as may be specified in the notificaion;
(b) set up by itself or finance, assist or support farmers and farmers
association to set up collection centres by whatever name called at various places
in the State whether within or outside the area aforesaid to collect, assemble, sort,
grade, process, pack, store or transport, fruits and vegetables and to provide,
market information and to carry out such other activities as may enable them to
market the produce using the National Integrated Produce Market or to do
anything facilitatory or incidental thereto;
1 Chapter 1-A was inserted by Mah. 13 of 2003, s. 2.
Now see the Companies Act, 2013 (18 of 2013).
37 of
1987.
1 of
1956.
Establish-
ment of
National
Integrated
Produce
Market.
Establish-
ment of
markets.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1 Chapter I-B was inserted by Mah. 48 of 2005, s. 7.
(c) set up or support otherwise the marketing by setting up distribution
channels and branches at various places in the State whether within or outside the
area aforesaid;
(d) register users of the National Integrated Produce Market and may also
levy and collect registration fee, security deposit and advance and levy and collect
other charge for the services rendered and utilities provided to the farmers, farmers
association, farmers co-operative societies, buyers and all other functionaries
registered with or using the National Integrated Produce Market.
(2) Notwithstanding anything contained in sub-section (1) the State Govern-
ment may, by notification in the Official Gazette, direct that from such date as may
be specified therein, marketing of flowers in the National Integrated Produce Market
shall also be governed by the provisions of this chapter and thereupon all the
provisions of this chapter shall be applicable also to the marketing of flowers and
other related activities in the National Integrated Produce Market.
5B. The National Dairy Development Board or any other association which
is duly recognised by the State Government may, with the previous approval of
the State Government make regulations under this Chapter for the purposes of
ownership, management, marketing, trading and other related activities in relation to
the National Integrated Produce Market and for the enforcement thereof.
5C. Nothing contained in this Act or the rules, regulation or bye-laws made
thereunder except the provisions of this Chapter shall apply to,––
(i) anything done or any action taken in relation to the Establishment and
Management of the National Integrated Produce Market under this chapter or
anything done in pursuance thereof; or
(ii) any person, agency or organisation interacting in relation to the National
Integrated Produce Market by way of business dealings or otherwise.]
1[CHAPTER I-B
DIRECT MARKETING, ESTABLISHMENT OF PRIVATE MARKET AND
FARMER-CONSUMER MARKET.
5D. (1) The Director may, subject to such terms and conditions as may be
prescribed, grant licence to any person for direct marketing or for establishing a
private market in one or more market areas for––
(a) processing of the agricultural produce;
(b) trade of the agricultural produce of particular specification;
(c) export of the agricultural produce;
(d) grading, packing and transactions in any other way by value addition of
the agricultural produce.
Power to
make
regulations.
Other
provisions
of Act not
to apply to
National
Integrated
Produce
Market.
Direct
marketing,
establish-
ment of
private
market and
farmer-
consumer
market and
redressal of
disputes.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(2) (a) The Director may, subject to such terms and conditions as may be
prescribed grant licence to any person, who agrees or undertakes to develop the
prescribed infrastructure, for establishing farmer-consumer market.
(b) Market service charge shall be collected on sale of the agriculture produce
by the seller and shall be remitted to the proprietor of the farmer-consumer market.
(c) Save as otherwise provided in this Act, no market fee shall be leviable on
the sale or purchase of the agricultural produce in the farmer-consumer market.
(3)(a) Any person who desires to purchase agricultural produce directly from
the agriculturist or to establish a private market or farmer-consumer market, in one
or more than one market area, shall apply to the Director for grant or renewal of
licence, as the case may be, in the manner and for the period, as may be prescribed.
(b) Alongwith every such application an adequate security deposit and a fee
as may be prescribed shall be deposited.
(c) Application received under clause (a) for grant or renewal of licence shall
be rejected by the Director for any of the following reasons, namely :
(i) dues of any Market Committee or the State Marketing Board are
outstanding against the applicant;
(ii) the applicant is a minor;
(iii) the applicant is an insolvent;
(iv) any other sufficient reason to be specified in writing.
(4)(a) The Director may suspend or cancel the licence and communicate to
the licence holder in writing, about the suspension or cancellation of his licence, if –
(i) the licence has been obtained through wilful misrepresentation or fraud;
(ii) the holder of the licence has committed a breach of any of the terms or
conditions of licence;
(iii) the holder of the licence has become an insolvent;
(iv) the holder of the licence has been convicted of any offence under
this Act.
(b) No licence shall be suspended or cancelled without giving a reasonable
opportunity to its holder to show cause against such suspension or cancellation.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(5)(a) Any dispute between the direct marketing licence holder, private
market, farmer-consumer market and the Market Committee, shall be referred to the
Director. The dispute shall be resolved after giving the parties a reasonable
opportunity of being heard, in the manner prescribed.
(b) Any person aggrieved by the decision of the Director under clause (a)
may prefer an appeal to the State Government.
(c) An appeal under clause (b) shall be made within a period of thirty days
from the date of the decision of the Director.
(d) The order passed in appeal by the State Government shall be final.
(6)(a) The provisions of clauses (i), (ii), (iv), (v), (vi), (vii), (viii), (ix), (x),
(xi), (xii), (xiii), (xx), (xxi), (xxv) and (xxvi), of sub-section (2) of section 29, sub-
sections (1), (3) and (4), of section 31 and sections 32A, 34A, 39, 40, 41, 42, 48,
49, 50, 51, 52, 52A, 56, 57 and 59B shall apply, mutatis mutandis, to direct
marketing licence holder, private market and farmer-consumer market.
(b) Notwithstanding anything contained in clause (a), direct marketing
licence holder shall pay the market fee as per section 31 to the Maharashtra State
Agricultural Marketing Board, who, in turn shall disburse the same to the concerned
Market Committee, in the manner prescribed.
(7) The licensing management, marketing, trading and other related functions
of the markets established under this section shall be regulated in the manner
prescribed.]
1[CHAPTER I-C
CONTRACT FARMING AGREEMENT
5E. (1) Contract Farming Sponsor shall register himself with the Market
Committee or with the prescribed officer, in such manner as may be prescribed.
(2) The Contract Farming Sponsor shall get the Contract Farming Agreement
recorded with the officer prescribed in this behalf. The Contract Farming Agreement
shall be in such form containing such particulars and terms and conditions, as may
be prescribed.
(3) Notwithstanding anything contained in the Contract Farming Agreement or
the Indian Contract Act, 1872 or any other law for the the time being in force, no
title, or rights in or, ownership or possession of agricultural land of the Contract
Farming Producer shall be transferred, alienated or vested in the Contract Farming
Sponsor or his successor or his agent.
(4) Dispute arising out of any Contract Farming Agreement may be referred
to a settlement authority as may be prescribed in this behalf. The settlement authority
shall resolve the dispute in a summary manner within thirty days, after giving the
parties a reasonable opportunity of being heard.
Establish-
ment of
Market
Commi-
ttees.
Procedure
and form of
Contract
Farming
Agreement.
1 Chapter 1-C was inserted by Mah. 25 of 2006, s. 3.
9 of
1872.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(5) The party aggrieved by the decision of the settlement authority under
sub-section (4) may prefer an appeal to the Appellate Authority as may be pre-
scribed in this behalf, within thirty days from the date of the decision. The Appellate
Authority shall dispose of the appeal within thirty days, after giving the parties a
reasonable opportunity of being heard and the decision of the Appellate Authority
shall be final.
(6) The decision of the settlement authority under sub-section (4) and the
decision of the Appellate Authority in appeal under sub-section (5), shall have force
of the decree of a Civil Court and shall be enforceable as such and the decretal
amount shall be recovered as an arrears of land revenue.
(7) Dispute relating to and arising out of a Contract Farming Agreement shall
not be called in question in any Court of Law.
(8) The agricultural produce covered under the Contract Farming Agreement
may be sold to the Contract Farming Sponsor outside the market yard and in such
a case, no market fee shall be leviable.]
1[CHAPTER I-D
MARKETING THROUGH ELECTRONIC TRADING
5F. (1) No person other than the State Government or the Government
Agencies as may be notified shall establish and run any Electronic trading platform
for trading in agricultural produce without holding a licence under this Act.
(2) Save as provided in sub-section (1), the State Government or the
Government Agencies as may be notified, may establish and run E-trading platform
for trading in agricultural produce in the manner as may be prescribed.
5G. (1) Any person desirous of establishing an E-trading platform
under section 5F shall apply to the Director or the Officer authorized by him in
such form and manner along with such fee, security or bank guarantee and fulfilling
such conditions, as may be prescribed.
(2) The application received under sub-section (1) for grant or renewal of
licence may be accepted or rejected for reasons recorded in writing by the licensing
authority :
Provided that, the application received under this section shall be liable to be
rejected on the reasons mutatis mutandis to the reasons laid down in respect of
private market under clause (c) of sub-section (3) of section 5D.
(3) The E-trading platform managed and operated by a person or the State
Government or the Government Agencies, as the case may be, shall provide all
infrastructures and service connected to E-trading, as may be prescribed.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Establish-
ment of
Electronic
trading
platform.
Grant or
Renewal of
licence to
establish
Electronic
trading
platform.
1
CHAPTER I-D was inserted by Mah. 51 of 2018, s. 3.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(4) The licensee or its agency may collect user charge on the services
provided, which shall be notified by such licensee on its website :
Provided that, the Government may, in the public interest, from time to time, by
notification in the Official Gazette, put ceiling on the rate of user charge.
5H. A licensee under section 5G, desirous to link to E-platform of the
Government of India, may apply, through the State Government or the concerned
Government Agencies, to the Department of Agriculture, Co-operation and Farmers
Welfare, in the form and manner, as may be prescribed.
5I. In order to evolve a unified National Agricultural Market and
integrate various E-trading platforms, the various software applications in the
E-trading platform should be interoperable with other E-trading platforms as per
the specifications and standards laid down by the Director or the Authority
designated therefor.
5J. (1) Notwithstanding anything contained in this Act, payment of
agricultural produce traded on Electronic trading platform shall be made on
the same day of the sale transaction to the seller on real time basis or, in the
maximum next day, if procedurally so required. In procedural exigencies on
Electronic trading, the payment to the seller may be made in the manner as may
be prescribed by rules.
(2) The licensee or Agricultural Produce Market Committee, as the case
may be, shall maintain accounts of all the transactions taken place on Electronic
trading platform and submit such periodical reports and returns to the Managing
Director, the Maharashtra State Agricultural Marketing Board or the Authorized
Officer, at such time and in such forms, as may be specified by the Director of
Marketing, from time to time.
5K. The Director may, by order, for the reasons to be recorded, suspend
or cancel the licence granted under section 5G. The breach of any provision of
the Act or rules or bye-laws, instructions, orders or guidelines shall be specified
in the order :
Provided that, no order for suspension or cancellation of licence shall be passed
without giving a reasonable opportunity of being heard.
5L. Any dispute arising between or amongst the licensees of E-trading
platforms, or between or amongst the licensees and the Agricultural Produce
Market Committee or Government Agencies, shall be resolved by the Director or
the Officer authorized by him, in summary manner within thirty days, after giving
the parties reasonable opportunity of being heard.
5M. Every licensee under section 5G while carrying out E-trading on
E-trading platform shall be under obligation to ––
(a) carry out quality assaying of agriculture produce before its transaction
takes place,
Integration
of licence
holder under
section 5G
to E -
platform.
Interoper-
ability of
E-trading
platforms.
Payment to
the sellers
and mainte-
nance of
accounts.
Suspension
or Cancella-
tion of
electronic
trading
platform.
Dispute
settlement.
Obligation of
licensee
under
section 5G
for E-trading
platform.
Regulation
of market-
ing of
agricultural
produce.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1
These words were inserted by Mah. 32 of 1970, s. 4.
2
Sub-section (2A) was inserted by Mah. 7 of 2017, s. 3.
(b) carry out auction or any other mode of price discovery for the
produce in a fair and transparent manner without interference from traders
or commission agents,
(c) maintain recording of all transactions on real time basis displaying
market information on electronic portal of the Maharashtra State Agriculture
Marketing Board, Agrimark Net or equivalent on real-time basis in the format
prescribed by the Director,
(d) issue trading licenses to all the eligible traders for E-trading without
discrimination or favour, within the time limit prescribed by rules framed by
the State Government in this regard which shall be countable from the date of
making applications,
(e) provide facility for cleaning and grading and warehouses (dry and cold
storages) to meet requirement of agriculturists,
(f) not to allow over-trading.]
CHAPTER II
MARKETING OF AGRICULTURAL PRODUCE
6. (1) Subject to the provisions of this section and of the rules providing
for regulating the marketing of agricultural produce in any place in the market area,
no person shall, on and after the date on which the declaration is made under
sub-section (1) of section 4, without, or otherwise than in conformity with the
terms and conditions of, a licence (granted by the Director when a Market
Committee has not yet started functioning; and in any other case, by the Market
Committee) in this behalf,––
(a) use any place in the market area for the marketing of the declared
agricultural produce, or
(b) operate in the market area or in any market therein as a trader,
commission agent, broker, processor, weighman, measurer, surveyor,
warehouseman or in any other capacity in relation to the marketing of the
declared agricultural produce.
(2) Nothing in sub-section (1) shall apply to sales by retail; 1[sales by an
agriculturist who sells his own produce;] nor to sales by a person where he himself
sells to another who buys for his personal consumption or the consumption of any
member of his family.
2[(2A) Notwithstanding anything contained in this Act, marketing of
agricultural produce specified in all the entries of items VII-Fruits and VIII-
Vegetables and entries (2), (3), (4) and (5) of item X. Condiments, spices and
others of the Schedule by any person outside the market established under section
5, except as provided in section 5D, shall not require any licence or permission, and
shall not be regulated by the Market Committee.]
1[(3) Every Market Committee shall reserve sufficient space in the market
area of its principal and subsidiary markets for the agriculturists to enable them to sell
their own agricultural produce directly to the consumers without the help of interme-
diaries and shall also look after the maintenance of such space.]
7. (1) Subject to rules made in that behalf, a Market Committee may, after
making such inquiries as it deems fit, grant or renew a licence for the use of any place
in the market area for marketing of the agricultural produce or for operating therein
as a trader, commission agent, broker, processor, weighman, measurer, surveyor,
warehouseman or in any other capacity in relation to the marketing of agricultural
produce; or may, after recording its reasons in writing therefor, refuse to grant or
renew any such licence :
2[Provided that, if the Market Committee fails to grant or renew or refuse a
licence within a period of sixty days from the date of receipt of the application
therefor, the licence shall be deemed to have been granted or renewed, as the case
may be.]
(2) Licences may be granted under sub-section (1) in such forms, for such
periods, on such terms and conditions and restrictions (including any provisions for
prohibiting brokers and commission agents from acting in any transaction both as
buyer or seller, or on behalf of both the buyer and seller, and also provisions for
prohibiting brokers from acting in any transaction, except between a trader and
trader, in respect of agricultural produce other than poultry, cattle, sheep and goats
and such other agricultural produce as may be prescribed, and for prescribing the
manner in which and the places at which auctions of agricultural produce shall be
conducted and the bids made and accepted and places at which weighment and
delivery of agricultural produce shall be made in any market or market area) and on
payment of fees, not being in excess of such maxima as may be prescribed. 3[Pro-
vision may also be made for exempting any class of persons from payment of such
fees on such terms and conditions as may be prescribed.]
4[(3) Notwithstanding anything contained in sub-sections (1) and (2), any
trader who desires to operate in more than one market area, may apply to such
authority or officer notified by the State Government for grant or renewal of licence
with such details, as may be prescribed. Such application shall contain the names of
the Agricultural Produce Market Committees in which the applicant trader wants to
operate and the authority or officer granting such licence shall incorporate in the
licence the names of such Agricultural Produce Market Committees in which con-
cerned trader shall be entitled to operate. The person applying for licence to operate
in more than one market area, shall be required to pay the licence fee at such rate,
as may be prescribed, to the concerned authority or officer and such fee shall be
shared in the manner prescribed, between such authority or, as the case may be,
officer and the Marketing Committees which are covered under the said licence.]
Grant of
licences.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1 Sub-section (3) was added by Mah. 11 of 2003, s. 3.
2 The proviso was added by Mah. 27 of 1987, s. 4.
3 This portion was added by Mah. 32 of 1970, s. 5.
4 Sub-section (3) was added by Mah. 48 of 2005, s. 8.
1[(4) (a) Notwithstanding anything contained in sub-sections (1), (2) and (3)
of this section, any person desiring to trade on Electronic trading platform
shall obtain certificate of registration as a trader, from such authority as may
prescribed in this behalf.
(b) The application for registration under clause (a) shall be made online
and in such manner as may be prescribed.
(c) Digitally signed certificate of registration shall be issued by Compentent
Authority in the Form as may be prescribed.
(d) Notwithstanding anything contained in clause (a) to (c) of this sub-
section, the Competent Authority may, for reasons to be recorded in writing,
refuse to grant or renew a certificate of registration for carrying out trade to any
person, who in its opinion, is found to have acted in a manner detrimental to online
trading, or, if the person has not traded for more than six months without any valid
reasons, or has exhausted his dynamic cash credit limit with the bank or has failed
in online payments of seller, buyer, Commission agent, supervision cost, market fee
and any other payments under the Act, rules and bye-laws, if any, registration is
not granted or renewed the Applicant shall be informed of the same giving the
reasons therefor and the registration fee, if paid, shall be forfeited to the market
fund or to the State Government, as the case may be.
(e) The Certificate of Registration for electronic trading shall be valid in
respect of the person in whose name that is issued and shall not be transferable.
(f) Certificate of registration shall be liable for suspension or cancellation if
there is –
(i) breach of any rules meant for transparency and price discovery in a
fair manner; or
(ii) over-trading above the available cash credit limit by fraudulent means;or
(iii) refusal or deceitfully declining making online payments on real
time basis for commodity traded and other payments under the Act, rules
and bye-laws.
(g) Every certificate of registration so granted or renewed shall be in force
for a period of three years from the date of granting or renewing Certificate.
(h) Each Market Committee and Private Market having electronic trading
platform shall publish the list of all the certificate of registration online for traders
having registration for using E-trading platform of the market.]
1
Sub-section (4) was added by Mah. 51 of 2018, s. 4.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
8. (1) Subject to the provision of sub-section (3), a Market Committee
may, for reasons to be recorded in writing, suspend or cancel a licence–
(a) if licence has been obtained through wilful misrepresentation, or fraud;
(b) if the holder thereof or any servant or any one acting on his behalf with
his express or implied permission, commits a breach of any of the terms or
conditions of the licence;
(c) if the holder of the licence in combination with other holders of licences
commits any act or abstains from carrying out his normal business in the market
with the intention of wilfully obstructing, suspending or stopping the marketing of
agricultural produce in the market area in consequence where the marketing of any
produce has been obstructed, suspended or stopped;
(d) if the holder of the licence has been adjudged an insolvent, and has
not obtained his discharge; or
(e) if the holder is convicted of any offence under this Act.
1[(1A) Notwithstanding anything contained in sub-section (1), but subject to
the provisions of sub-section (3), the Chairman and Secretary of a Market Commit-
tee acting jointly may, for reasons to be recorded by them in writing, by order
suspend a licence for a period not exceeding 15 days for any reason for which a
Market Committee may suspend the licence under sub-section (1)].
(2) Notwithstanding anything contained in sub-section (1), but subject to the
provisions of sub-section (3), the Director may, for reasons to be recorded in writing
by order suspend or cancel any licence granted or renewed under this Chapter.
(3) No licence shall be suspended or cancelled under this section, unless the
holder thereof, has been given a reasonable opportunity to show cause against such
suspension or cancellation.
9. Any person aggrieved by an order––
(a) of the Market Committee refusing to grant or renew a licence, or
cancelling a licence, or suspending any licence may, within thirty days from the date
on which the order is communicated to him, appeal to the Director;
(b) of the Director refusing to grant or cancelling or suspending a licence
may, within the like number of days, appeal to the State Government.
The Director or, as the case may be, the State Government shall, on such
appeal, make such order as is deemed just and proper.
Provided that, before dismissing an appeal, the Director or as the case may be,
the State Government, shall give such person a reasonable opportunity of being
heard, and record in writing the reasons for such dismissal.
1
Sub-section (1A) was inserted by Mah. 27 of 1987, s. 5.
Appeal.
Power to
cancel or
suspend
licences.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Provision
for
settlement
of
disputes.
10. (1) For the purpose of settling disputes between buyers and sellers, or
their agents, including any disputes regarding the quality or weight or payment of any
agricultural produce or, any matter in relating to the regulation of marketing of agricultural
produce in the market area, the Market Committee of that area shall constitute
1 a 2[Dispute Sub-Committee].
3[(2) The Dispute Sub-Committee shall consist of––
(a) the Vice-Chairman of the Market Committee, who shall be the
Chairman of the Dispute Sub-Committee;
(b) two members of a committee representing Agriculturists whether
elected or nominated;
(c) one member of a committee representing the traders whether elected
or nominated;
(d) one member from amongst persons who, in the opinion of the Director,
are experts in marketing of agricultural produce.
The members referred to in clauses (b) and (c) shall be designated by the
Market Committee and the member referred to in clause (d) shall be nominated by
the Director. Where a dispute is in respect of cotton, then in the place of the member
representing the traders, the Maharashtra State Co-operative Cotton Growers Fed-
eration Limited shall appoint a member on the Dispute Sub-Committee one of its
officers 4[other than the grader] who shall not be lower in rank than that of a Sub-
Zonal Manager of the said Federation. Where the State Government appoints any
person or authority other than the said Federation as its agent for sale or purchase
of cotton, then such member shall be appointed by that agent.
5[(3) The Secretary of the Market Committee shall act as the Member Secretary
of the Dispute Sub-Committee who shall have no right of vote. Three members shall
form the quorum. The Dispute Sub-Committee shall record its decision in writing.
Any person aggrieved by the decision of the Dispute Sub-Committee may,––
(a) in case of perishable agricultural produce, such as fruits, vegetables and
fishes, within six hours from the communication of the decision to him, appeal to
the Secretary of the concerned Market Committee who shall dispose of the such
appeal within further six hours; and
(b) in case of any other perishable agricultural produce, within twenty-four
hours from the communication of the decision to him and in case of other
agricultural produce, within three days from the date on which the decision is
communicated to him, appeal to the concerned District Deputy Registrar of
co-operative societies who shall dispose of the appeal in case of perishable
agricultural produce within twenty-four hours and in case of any other agricultural
produce, within seven days from the date of receipt of the appeal.]
(4) The Dispute Sub-Committee may make rules for the conduct of its busi-
ness including the rules regarding the payment of the amount of deposit (anamat),
if any, to be made to it.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1
The words “from amongst its members” were deleted by Mah. 39 of 1973, s. 2 (1).
2
These words were substituted for the word “Board” by Mah. 27 of 1987, s. 6 (a).
3
These Sub-sections were substituted for the original sub-section (2) by Mah. 27 of 1987, s. 6 (b).
4
These words were inserted by Mah. 11 of 2003, s. 4 (a).
5
Sub-section (3) was substituted by Mah. 11 of 2003, s. 4 (b).
1[(5) The Secretary of the market Committee or the District Deputy
Registrar, as the case may be, shall record his decision in appeal under sub-section
(3), in writing and it shall be final.]
2[(6) In each market area, considering the scope and requirement of the
business in the market, the Director shall, fix the number of hamals, weighmen and
measurers.]]
CHAPTER III
CONSTITUTION OF MARKET COMMITTEES
11. For every market area, there shall be established by the State
Government Market Committee consisting of the Chairman, a Vice-Chairman and
other members and different Market Committees may be established for regulating
the marketing of different kinds of agricultural produce for the same market area, or
any part thereof. The Market Committee shall have all such powers and discharge
all such functions as are vested in it by or under this Act.
12. 3[(1)] Every Market Committee shall be a body corporate by the name
of “the .................................................... Agricultural Produce Market Committee”
and shall have perpetual succession and a common seal and may in its corporate
name sue and be sued, and shall be competent to contract, acquire and hold
property, both movable and immovable, and to do all other things necessary for
the purpose for which it is established :
4[Provided that, no immovable or movable property the value of which exceeds
the prescribed limits shall be acquired or disposed of by the Market Committee
without the prior permission of the Director.]
3[(2) Notwithstanding anything contained in any law for the time being in
force, every Market Committee shall, for all purposes, be deemed to be a local
authority.]
5[(3)] The Market Committees shall be classified by the Director subject to
the guidelines prescribed, considering the volume and nature of the turnover for the
purpose of laying down the norms for staff schedule, establishment expenditure, other
expenses and allowances.]
13. (1) Subject to the provisions of sub-section (2), every Market Committee
shall consist of the following 6[ 7 Members], namely :––
8[(a)] 9[fifteen agriculturist residing in the market area (being persons whose
1
Sub-section (5) was substituted by Mah. 11 of 2003, s. 4 (c).
2
Sub-section (6) was substituted by Mah. 11 of 2003, s. 4 (d).
3
Section 12 was renumbered as sub-section (1) of section 12 and sub-section (2) was added by Mah. 10
of 1984, s. 2.
4
This proviso was added by Mah. 27 of 1987, s. 7.
5
Sub-section (3) was added by Mah. 11 of 2003, s. 5.
6
These words were substituted for the words “Fifteen members” by Mah. 32 of 1970, s. 6 (1).
7
The words “Eighteen” was deleted by Mah. 27 of 1987, s. 8 (a) (i).
8
Clause (a) was substituted by Mah. 47 of 2006, s. 2 (a).
9
This portion was substituted by Mah. 10 of 2008, s. 2 (a).
Constitution
of Market
Committees.
Incorpora-
tion of
Market
Commit-
tees.
Establish-
ment of
Market
Commit-
tees.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1
These words were substituted for the words “twenty-one years of age on the date specified, from time
to time, by the Collector or the District Deputy Registrar, as the case may be” by Mah. 13 of 2018,
s. 3(1) (a) (i).
2
Sub-clause (i) and proviso thereto was substituted by Mah. 13 of 2018, s. 3 (1)(a)(ii).
3
Sub-clause (ii) was deleted by Mah. 13 of 2018, s. 3(1)(a)(iii).
4
Clause (b) was substituted by Mah. 11 of 2003, s. 6(a).
5
Clause (b-1) was inserted by Mah. 27 of 1987, s. 13(a)(iv).
6
Clause (c) and proviso thereto was deleted by Mah. 13 of 2018, s. 3(1)(b).
7
Clause (d) was deleted by Mah. 13 of 2018, s. 3(1)(c).
8
Clause (e) was deleted by Mah. 13 of 2018, s. 3(1)(d).
9
Clause (f) was substituted for original by Mah. 73 of 1975, s. 2.
10
Clause (g) was substituted by Mah. 11 of 2003, s. 6 (c).
11
This Proviso was inserted by Mah. 13 of 2018, s. 3(1)(e).
names appear in the voter’s list for the concerned constituency and who are not
less than 1[twenty one years of the age on the date specified, from time to
time, by the State Co-operative Election Authority, if required with the help of the
Collector or the District Deputy Registrar, as the case may be, in this behalf),
as specified below :–
2 [(i) fifteen (of which, two shall be women, one shall be a person belonging
to Other Backward Classes, one shall be a person belonging to De-notified
Tribes (Vimukta Jatis) or Nomadic Tribes and one shall be a person belonging
to the Scheduled Castes or Scheduled Tribes) shall be elected by eligible voters
(agriculturist who holds minimum 10 R land and who are not less than eighteen
years of age on the date specified by the State Co-operative Election Authority
and who has sold his or her notified agriculture produce in the concerned Market
Committee at least three times in preceding five years before date of declaration of
election) residing in the market area :
Provided that, where the Market Committee is situated in Tribal area, one
person belonging to the Scheduled Tribes shall be elected in place of the election of
the person belonging to the De-notified Tribes (Vimukta Jatis) or Nomadic Tribes
as aforesaid;]
3
[ ]
4[(b) two shall be elected by traders and commission agents, holding
licences for not less than two years to operate as such in the market area;]
5[(b-1) one member shall be elected by hamals and weighmen operating as
such in the market area;]
6
[ ]
7
[ ]
8
[ ]
9[( f ) the Deputy Registrar of Co-operative Societies of the district or his
representative, who shall have no right to vote;]
10[(g) the Secretary of the Market Committee, who shall have no right
to vote;]
11[Provided that, during the period of five years from the date of commence-
ment of the Maharashtra Agriculture Produce Marketing (Development and
Regulation) (Amendment) Act, 2017, in an election conducted immediately after
such date of commencement; all the agriculturists residing in the market area
who hold minimum 10 R land and who are not less than eighteen years of age on
the date specified by the State Co-operative Election Authority shall be eligible
for voting unless otherwise ineligible to vote.]
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Mah. XIII
of 2018.
1
2[(1A) (a) Notwithstanding anything contained in sub-section (1) of this
section or in section 4 or other provisions of this Act, the area comprising Greater
Bombay and Turbhe Village in Thane Taluka of Thane District 3[and such other
area or areas as may be specified by the State Government by notification in the
Official Gazette, from time to time] (hereinafter referred to as “the Bombay
market area”) shall be deemed to be a market area for the purposes of this Act,
and the Market Committee for that area to be called by the name of the Bombay
Agricultural Produce Market Committee shall subject to the provisions of sub-
section (2), consist of the following 4[ 5 members], namely :–
(i) twelve representative of agriculturists elected by the agriculturist
members of the other Agricultural Produce Market Committee in the State, 6[two
such members] to be elected from each Revenue Division;
7[(ii) five representatives, elected by the traders and commission agents,
holding licences to operate as such in the Bombay market area, as specified
below,––
(a) one representative dealing in onion, potato and garlic, elected by and
from amongst themselves;
(b) one representative dealing in fruits, elected by and from amongst
themselves;
(c) one representative dealing in vegetables, elected by and from amongst
themselves;
(d) one representative dealing in foodgrains, pulses, edible and non-
edible oils, elected by and from amongst themselves;
(e) one representative dealing in all other commodities elected by and
from amongst themselves;]
8[(iia) one representative elected by hamals and weighmen operating as such
in the market area;]
7[(iii) one nominated representatives of the Navi Mumbai Municipal
Corporation;
1
Sub-section (1-a) was deleted by Mah. 13 of 2018, s. 3 (2).
2
Sub-section (1A) was inserted by Mah. 58 of 1976, s. 2 (1).
3
This portion was inserted by Mah. 5 of 1989, s. 3.
4
These words were substituted for the words “twenty-eight members” by Mah. 34 of 1984, s. 2 (a) (i).
5
The word “nineteen” was deleted by Mah. 27 of 1987, s. 8 (b) (i).
6
These words were substituted for the words “three such members” by Mah. 34 of 1984, s. 2 (a) (ii).
7
Clauses (ii) and (iii) to (vii) were substituted by Mah. 33 of 2000, s. 2 (1).
8
Sub-clause (iia) was inserted by Mah. 27 of 1987, s. 8 (b) (ii).
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Mah. IV
of
1975.
(iv) one nominated representative of the Mumbai Municipal Corporation;
(v) one nominated representative of the Mumbai Metropolitan Region
Development Authority constituted under the Mumbai Metropolitan Region
Development Authority Act, 1974;
1[(vi) five representatives (of which, two shall be women, one shall be a
person belonging to the Scheduled Castes or the Scheduled Tribes, one shall be
a person belonging to the Other Backward Classes and one shall be a person
belonging to the De-notified Tribes (Vimukta Jatis) or Nomadic Tribes), to be
nominated by the State Government;]
(vii) the Director of Agricultural Marketing, Maharashtra State, Pune;]
(viii) 2
(ix) 2
3[(b) a person who is a member of the Market Committee under sub-
clauses (iii), (iv), (v) or (vii) of clause (a), shall have a right to take part in the
discussions of the Committee, but shall not have a right to vote at a meeting thereof.]
4[(1B) (a) Notwithstanding anything contained in any provisions of this
Act, the State Government may, by notification in the Official Gazette, declare
any Agricultural Produce Market Committee to be the Divisional Market
Committee for more than one districts or Regional Market Committee for more
than one talukas.
(b) The area specified by the State Government by notification in the
Official Gazette, from time to time, shall be deemed to be the market area for
the purposes of this Act and the Market Committee for that area shall be called
by the name as may be notified by the State Government and it shall function as
the Divisional or Regional Market Committee.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1
Clause (vi) was substituted by Mah. 47 of 2006, s. 2 (b).
2
Sub-clauses (viii) and (ix) were deleted by Mah. 34 of 1984, s. 2 (a) (vii).
3
Clause (b) was substituted by Mah. 33 of 2000, s. 2 (1).
4
Sub-section (1B) was inserted by Mah. 48 of 2005, s. 9 (1).
(c) The Divisional or Regional Market Committee shall, subject to the
provisions of sub-section (2), consist of the following members, namely :––
1[(i) Fifteen representatives of the agriculturists (of which one shall be
woman, one shall be a person belonging to Other Backward Classes, one shall
be a person belonging to De-notified Tribes (Vimukta Jatis) or Nomadic
Tribes and one shall be a person belonging to the Scheduled Castes or
Scheduled Tribes) shall be elected by eligible voters (agriculturist who holds
minimum 10R land and who are not less than eighteen years of age on the
date specified by the State Co-operative Election Authority and who has sold
his or her notified agriculture produce atleast three times in preceding five years
before date of declaration of election) residing in the market area of the
Divisional Market Committee :
Provided that, where the Divisional Market Committee is situated in Tribal
areas, one person belonging to the Scheduled Tribes shall be elected in place
of the election of the person belonging to the De-notified Tribes (Vimukta
Jatis) or Nomadic Tribes as aforesaid;]
2[(ii) Fifteen representatives of the agriculturists (of which one shall be
woman, one shall be a person belonging to Other Backward Classes, one shall
be a person belonging to De-notified Tribes (Vimukta Jatis) or Nomadic
Tribes and one shall be a person belonging to the Scheduled Castes or
Scheduled Tribes) shall be elected by eligible voters (agriculturist who holds
minimum 10R land and who are not less than eighteen years of age on the date
specified by the State Co-operative Election Authority and who has sold his or
her notified agriculture produce at least three times in preceding five years
before date of declaration of election) residing in the market area of the
Divisional Market Committee :
Provided that, where the Divisional Market Committee is situated in Tribal
areas, one person belonging to the Scheduled Tribes shall be elected in place
of the election of the person belonging to the De-notified Tribes (Vimukta
Jatis) or Nomadic Tribes as aforesaid; and]
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1
Sub-clause (i) was substituted by Mah. 13 of 2018, s. 3 (3)(a)(i).
2
Sub-clause (ii) was substituted by Mah. 13 of 2018, s. 3 (3)(a)(ii).
(iii) two representatives elected by the traders and commission agents,
holding licences to operate as such in the market area;
(iv) one representative, elected by the hamals and weighmen operating
as such in the market area;
1
2
3
(vii) the Director of Marketing, Maharashtra State, Pune or his
representative.
4[(d) A person who is a member of the Market Committee under
sub-clause (vii) of clause (c), shall have a right to take part in the discussions
of the Committee, but shall not have right to vote at a meeting thereof.]
5[(1C) (a) The State Government may, by an order in the Official
Gazette, appoint,––
(i) four special invitees, on every Market Committee whose income from
fees levied and collected under sub-section (1) of section 31 in the immediate
preceding market year exceeds rupees five crores; and
(ii) two special invitees, on every Market Committee whose income
from fees levied and collected under sub-section (1) of section 31 in the
immediate preceding market year is upto rupees five crores,
who shall be the experts in the field of agriculture, agricultural processing,
agricultural marketing, law, economics or commerce.
1
Sub-clause (v) was deleted by Mah. 13 of 2018, s. 3 (3)(a)(iii).
2
Sub-clause (vi) was deleted by Mah. 13 of 2018, s. 3 (3)(a)(iv).
3
Sub-clause (vi-a) was deleted by Mah. 13 of 2018, s. 3 (3)(a)(v).
4
Clause (d) was substituted by Mah. 13 of 2018, s. 3 (3)(b).
5
Sub-section (1C) was inserted by Mah. 35 of 2016, s. 2.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Election
and term
of office
of members.
(b) The special invitees appointed under clause (a) shall have a right to
take part in the discussions of the Market Committee, but shall have no right
to vote at a meeting thereof.
(c) The term of the special invitees shall be co-terminus with the term of the
members of a Market Committee.]
(2) When Market Committee is constituted for first time, 1[whether under
sub-section (1), 2[(1A) or (1B)] all the members thereof and the Chairman and
Vice-Chairman shall be nominated by the State Government :
3[Provided that, the Chairman and Vice-Chairman shall be so nominated from
amongst the agriculturist members:]
4[Provided further that, the State Government may, if it considers expedient,
instead of nominating the members of the Market Committee constituted for the first
time, appoint an Administrator or the board of Administrators, and the Administrator
or the Board of Administrators, so appointed, shall, for all purposes, be considered
to be the Committee constituted for the first time.]
14. (1) Subject to the provisions of sub-section (2), the members shall be
elected in the manner prescribed by rules. Such rules may provide also for the
determination of constituencies, the preparation and maintenance of the list of voters,
persons qualified to be elected, disqualifications for being chosen as and for being a
member, the right to vote, the payment of deposit and for its forfeiture, the
determination of election disputes and all matters ancillary thereto including
provision regarding election expenses.
5
1
These words were inserted by Mah. 58 of 1976, s. 2 (2).
2
These brackets, figures, letters and words were substituted by Mah. 48 of 2005, s. 9 (2).
3
This proviso was added by Mah. 27 of 1987, s. 8 (a).
4
This proviso was added by Mah. 10 of 2008, s. 2 (b).
5
Sub-section (2) was deleted by Mah. 13 of 2018, s. 4 (1).
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(3) Except as otherwise provided in this Act, the members of a Market
Committee (not being a Committee constituted for the first time) shall hold office for
a period of 1[five years], and the members of a Committee constituted for the first
time shall hold office for a period of two years :
2[Provided that, the Market Committee constituted for the first time, may be
replaced by the Government and the new Committee so replaced shall hold office
for the remainder of the period.]
3[ 4[Provided further that], where the general election of members of a
Committee could not be held for reason beyond the control of the Committee before
expiry of the term of office of its members as aforesaid, the State Government may,
by order in the Official Gazette, extend from time to time, the term of office of any
such Committee, so however, that the period for which the term of office is so
extended shall not exceed the period of one year in the aggregate.]
5
6[(3A) Where due to scarcity, draught, flood, fire or any other natural calamity
or rainy season or any election programme of the State Legislature or the Parliament
or a local authority, coinciding with the election programme of any Market
Committee or such other special reason, in the opinion of the State Government, it
is not in the public interest to hold election to any Market Committee, the State
Government may, notwithstanding anything contained in this Act or in any rules or
bye-law made thereunder, or any other law for the time being in force, for reasons,
to be recorded in writing by general or special order, postpone the election of
any Market Committee for a period not exceeding six months at a time which period
may further be extended, so, however, that the total period shall not exceed one year
in the aggregate.]
7[(4) (a) As soon as possible, after the result of any by-election or, subject
to the provision of sub-clause (b), all the result of the general election are available,
8[the State Co-operative Election Authority] shall publish or caused to be
published the name or names of elected member or members of a Committee in
the Official Gazette and also in a newspaper in the Marathi language circulating
in the market area. The publication of the name or names in a newspaper as
aforesaid shall, for the purposes of this section be deemed to be sufficient publication
of the name or names of the elected member or members of the Market Committee.
1 These words were substituted for the words “three years” by Mah. 31 of 1977, s. 2.
2 This Proviso was inserted by Mah. 11 of 2003, s. 7 (a) (i).
3 This Proviso was added by Mah. 27 of 1987, s. 9 (a).
4 These words were substituted for the words “Provided that” by Mah. 11 of 2003, s. 7 (a) (ii).
5 The proviso to sub-section (3) was deleted by Mah. 10 of 1984, s. 3.
6 Sub-section (3A) was inserted by Mah. 11 of 2003, s. 7 (b).
7 Sub-section (4) was substituted by Mah. 27 of 1987, s. 9 (b).
8 These words were substituted for the words “the Collector or, as the case be, the District Deputy Registrar,
who has conducted the election” by Mah. 13 of 2018, s. 4 (2).
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(b) If at a general election the names of any persons to be elected under
sub-section (1) or (1A) of section 13 cannot for any reason be published as
aforesaid, and if with the available election result, the Committee will consist of not
less than twelve members then the 1[the State Co-operative Election Authority]
shall publish the names of these members in the Official Gazette, and also in a
newspaper as aforesaid.
(c) As regards the remaining elections, the Collector 2[the State Co-
operative Election Authority] shall subsequently publish the names of members in
the like manner as and when the result of such election are available, or as the case
may be, on failure to elect the names of persons duly appointed under sub-
section (2), if any.
(d) After every general election, upon the publication of the names of all the
members of the Committee under clause (a), or as the case may be, the
publication of such names as would render the Committee to consist of not less
than twelve members as aforesaid, in a newspaper under this sub-section the
Market Committee shall be deemed to be duly constituted.]
3[14A. 4(1) 5[(a) The Superintendence, direction and control of the prepa-
ration of the list of voters for, and conduct of all elections to Market Committees,
shall vest in the State Co-operative Election Authority, and]
(b) 6[ ]
For the purpose of preparing the list of voters and conduct of elections every
Market Committee shall consitute an Election Fund consisting of an amount equal to
7[ten per cent.] of all moneys received by it by way of fees under this Act during any
year or 8[rupees one lakh] per annum, whichever is less.]
(2) The Election Fund shall be invested in such manner as the Director may
direct, regard being had to the elections to be held during the year, and the necessity
to have the monies available from the Fund for the preparation of the list of voters
or for the conduct of such election or for both.
1 These words were substituted for the words “the Collector or, as the case may be, the District Deputy
Registrar, who has conducted the elections” by Mah. 13 of 2018, s. 4 (2)(b).
2 These words were substituted for the words “the Collector or, as the case may be, the District Deputy
Registrar, who has conducted the elections” by Mah. 13 of 2018, s. 4 (2)(c).
3 Section 14A was inserted by Mah. 2 of 1972, s. 2.
4 Sub-section (1) was substituted by Mah. 7 of 2007, s. 5 (i).
5 Clause (a) was substituted by Mah. 13 of 2018, s. 5 (1)(a).
6 The portion begining with the words “The Superintendence, direction and control” and ending with
the words “shall vest in the collector” was deleted by Mah. 13 of 2018, s. 5 (1)(b)(i).
7 These words were substituted for the words “five per cent.” by Mah. 13 of 2018, s. 5 (1)(b)(ii).
8 These words were substituted for the words “rupees ten thousand” by Mah. 13 of 2018, s. 5 (1)(b)(ii).
Election
Fund.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(3) Every Market Committee shall inform 1[the State Co-operative Election
Authority] of the amount standing to the credit of the Election Fund every year not
later than the 31st day of October and also at any other times when required by
1[the State Co-operative Election Authority] so to do.
(4) Whenever the list of voters is to be prepared or revised or any elections
to the Market Committee are to be held, 2[the State Co-operative Election
Authority] shall in writing inform the Market Committee of the same, and require the
Market Committee to deposit with him such amount and before such date as may
be specified in writing for meeting expenses for preparing or revising the list or as the
case may be, for conducting the elections or of both.
(5) 3[The State Co-operative Election Authority] shall after the preparation
or revision of list of voters, or after the declaration of the result of the elections,
draw up statement of expenditure incurred in preparing or revising such list, or in
conducting the electors and shall within a period of three months from such
preparation or revision of result, forward the same to the Market Committee for
information. The balance remaining unspent, if any, shall be refunded to the Market
Committee. If the expenditure incurred exceeds the amount of deposit
4[the State Co-operative Election Authority shall call upon the Market Committee to
pay the excess amount as specified by him within one month from the date of receipt
of the direction from him, and the Market Committee shall comply with such direction.]
5[ ]
15. (1) The term of office of members of a Market Committee shall be
deemed to commence on the date of the first meeting of the Market Committee at
which business is transacted :
6[Provided that, a person who is a member by virtue of his being a represen-
tative, or holding office, or holding licence belonging to any of the categories of
members referred to in sub-section (1) or (1A) of section 13, shall hold office as such
member so long only as he continues to be representatives or to hold such office or
such licence and on his ceasing to be such representative or holding such office or
licence he shall cease to be such member and he shall be deemed to have vacated
his office.
Explanation.––For the purposes of this section, the date of the first meeting of
the Market Committee at which business is transacted shall be the date of the
meeting called 7 under sub-section (2) of section 22
for the election of the Chairman and Vice-Chairman.]
(2) 8
1 These words were substituted for the words “the Collector or, as the case may be, the District Deputy
Registrar” by Mah. 13 of 2018, s. 5 (2).
2 These words were substituted for the words “the Collector or, as the case may be, the District Deputy
Registrar” by Mah. 13 of 2018, s. 5 (3).
3 These words were substituted for the words “the Collector or, as the case may be, the District Deputy
Registrar” by Mah. 13 of 2018, s. 5 (4)(a).
4 These words were substituted for the words “the Collector” by Mah. 13 of 2018, s. 5 (4)(b).
5 Sub-section (6) was deleted by Mah. 13 of 2018, s. 5 (5).
6 This proviso and Explanation were substituted for the proviso by Mah. 27 of 1987, s. 10 (a).
7 The words “by the Collector or the authorised officer” were deleted by Mah. 7 of 2007, s. 6.
8 Sub-section (2) was deleted by Mah. 27 of 1987, s. 10 (b).
Commence-
ment of
term of
office of
members.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(3) The term of office of outgoing members shall be deemed to extend to, and
expire with, the date immediately preceding the date of such first meeting.
1[15A. (1) Notwithstanding anything contained in sub-section (3) of section
15 or any other provisions of this Act, where the term of office of two years, five
years or as the case may be, the extended term of office, if any, under the proviso
to sub-section (3) of section 14 2 of the member of any Market
Committee has expired, the Director or any officer not below the rank of the District
Deputy Registrar of Co-operative Societies, authorised by him shall, by order in
writing direct that––
(a) all members of the Committee shall, as from the date specified in the
order, cease to hold and vacate their offices as members or otherwise; and
(b) 3[the Administrator or the Board of Administrators appointed by the
Director or such authorised officer shall manage the affairs of the Committee],
during the period from the date specified in the order upto the day on which the
first meeting of the reconstituted Committee after the election is held, where there
is a quorum (hereinafter in this section referred as “the said period”) such election
shall be held within a period of 4[six months] from the date 5[the Administrator
or the Board of Administrators] assumes office :
6[Provided that this period of 7[six months] may be extended, from time to time
by the State Government, in exceptional circumstances, to a period not exceeding
8[One year] in the aggregate, by notification in the Official Gazette, for reasons,
which shall be stated in the notification.]
9[(1A) Notwithstanding anything contained in clause (b) of sub-section (1), as
it stood before the commencement of the Maharashtra Agricultural Produce
Marketing (Regulation) (Amendment and Validation) Act, 1985, where the
Administrator has been appointed to manage the affairs of any Committee but
election to such Committee has not been held within a period of one year as required
under clause (b) of sub-section (1), the period of holding election to such Committee
shall be extended and shall be deemed always to have been extended upto and
inclusive of, the 31st day of March 1986.]
1
Section 15A was inserted by Mah. 10 of 1984, s. 4.
2
The words, brackets and figures “as in force immediately before the commencement of the Maharashtra
Agricultural Produce Marketing (Regulation) (Amendment) Act, 1984” were deleted by Mah. 27 of 1987,
s. 11 (a).
3
These words were substituted for the words “the person appointed by the Director or such authorised
officer, from time to time, shall be the Administrator to manage the affairs of the Committee” by
Mah. 10 of 2008, s. 3 (a) (i).
4
These words were substituted for the words “one year” by Mah. 27 of 1987, s. 11 (b).
5
These words were substituted for the words “the Administrator” by Mah. 10 of 2008, s. 3 (a) (ii).
6
This proviso was added by Mah. 25 of 1985, s. 2 (a).
7
These words were substituted for the words “one year” by Mah. 27 of 1987, s. 11 (c) (i).
8
These words were substituted for the words “two and half years”, by Mah. 27 of 1987, s. 11 (c) (ii).
9
This sub-section was inserted by Mah. 25 of 1985, s. 2 (b).
Provision
for
appoint-
ment of
administra-
tor after
normal or
extended
term of
office of
members
expires.
Mah.
XXV of
1985.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(2) During the said period, all the powers and duties of the Committee and
its various authorities under this Act and the rules and bye-laws made thereunder
or any other law for the time being in force shall be exercised and performed by
1[the Administrator or the Board of Administrators].
(3) The 2[Administrator or the Board of Administrators] may delegate any of
his powers and duties to any officer for the time being serving under him or under
the Committee.
(4) The 3[Administrator or the members of the Board of Administrators] shall
receive such remuneration from the Market Fund as the Director or authorised officer
may, from time to time, by general or special order, determine.]
Resignation, Removal and Casual Vacancies of Members
16. (1) Any member of the Market Committee may resign his office by
writing under his hand addressed to the Chairman, and the Chairman may resign his
office of member by writing under his hand addressed to the Director. The resignation
shall take effect from the date it is accepted by the Chairman, or as the case may
be, the Director.
(2) If at any time it appears to the State Government that any Market
Committee by reason of the resignation of all or a majority of the members thereof,
is unable to discharge the functions conferred or imposed upon it by or under
this Act, the State Government may by order published in the Official Gazette,
nominate persons to fill the vacancies of the members who have resigned; but the
persons so nominated shall hold office only for the residue of the term of the
members in whose place they are nominated or until the vacancies are duly filled in
by election whichever is earlier.
17. The State Government may on the recommendation of the Market
Committee supported by not less than 4[ten members] present and voting at a
meeting remove any member if he has been guilty of neglect or misconduct in the
discharge of his duties or of any disgraceful conduct, or has become incapable of
performing his duties as a member or is adjudged an insolvent :
Provided that, no such member shall be removed from office unless he has been
given reasonable opportunity of being heard by the State Government.
5[18. In the event of a vacancy occuring on account of death, resignation or
removal of a member, or on account of a member becoming incapable of acting as
a member, or otherwise, the Market Committee shall fill up the vacancy by co-opting
a person eligible for being elected as a member :
Provided that, the number of such co-opted members shall not exceed two at
any time in Market Committee and any vacancy thereafter shall be filled by the
election :
1
These words were substituted for the words “the Administrator” by Mah. 10 of 2008, s. 3 (b).
2
These words were substituted for the words “Administrator”, by Mah. 10 of 2008, s. 3 (c).
3
These words were substituted for the word “Administrator” by Mah. 10 of 2008, s. 3 (d).
4
These words were substituted for the words “eight members” by Mah. 32 of 1970, s. 7.
5
Section 18 was substituted by Mah. 11 of 2003, s. 9.
Resignation
of members
and
nomination
in certain
circum-
stances.
Removal of
members
for miscon-
duct.
Casual
Vacancies.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Provided further that, if the vacancy occurs within six months preceding the date
on which the term of office of the member expires, the vacancy shall, unless the State
Government directs otherwise, not be filled.]
Chairman and Vice-Chairman
19. 1[(1)] Subject to the provisions of sub-section (2) of section 13, every
Market Committee shall be presided over by a Chairman, who shall be elected by
the Committee from among its 2[elected Agriculturist members]. The Committee shall
also elect one of its 2[elected Agriculturist members] to be the Vice-Chairman.
3[(2)] Notwithstanding anything contained in sub-section (1), the Chairman or,
as the case may be, Vice-Chairman holding office as such on the date of
commencement of the Maharashtra Agricultural Produce Marketing (Regulation)
(Amendment) Act, 1987 shall continue to hold office as such Chairman or
Vice-Chairman irrespective of the category of member to which he belongs until
expiry of his term of office unless he resigns, or is disqualified or removed earlier.
(3) Notwithstanding anything contained in sub-section (2), a member,
Chairman or Vice-Chairman shall not continue to hold office as such member,
Chairman or Vice-Chairman of more than one Agricultural Produce Market
Committee on the date of commencement of the Maharashtra Agricultural
Produce Marketing (Regulation) (Amendment) Act, 1987.
20. The Chairman and Vice-Chairman shall hold office for such period as may
be prescribed.
21. The Chairman and Vice-Chairman shall notwithstanding the expiration of
their term of office, continue to hold office, until their successors enter upon their
office 4[or 5[the Administrator or the Board of Administrators] appointed under
section 15A assumes office.]
1 Section 19 was renumbered as sub-section (1) of that section by Mah. 27 of 1987, s. 12.
2 These words were substituted for the words “elected members” by Mah. 27 of 1987, s. 12 (a).
3 Sub-sections (2) and (3) were added by Mah. 27 of 1987, s. 12 (b).
4 These words were added by Mah. 10 of 1984, s. 5.
5 These words were substituted for the words “the Administrator”, by Mah. 10 of 2008, s. 4.
Election
of
Chairman
and Vice-
Chairman.
Mah.
XXVII of
1987.
Mah.
XXVII of
1987.
Term of
office of
Chairman
and Vice-
Chairman.
Chairman
and
Vice-
Chairman
to hold
office until
their
suceesors
enter upon
office.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1[21A. There shall be paid to the Chairman and Vice-Chairman an honorarium
of such amount as the Director may having regard to the finances of the Market
Committee specify; so however that the total amount of honorarium to be paid to
both 2[does not exceed the limit as may be prescribed.]
22. 3[(1) On the constitution of the Market Committee after a general
election or otherwise 4[the Collector or, as the case may be, the District Deputy
Registrar, or the officer not below the rank of Deputy Collector or Assistant Registrar
of Co-operative Societies as the Collector or District Deputy Registrar may authorise
in this behalf] (hereinafter in this section referred to as “the authorised officer”)
shall, within 30 days from the publication of the result of the general election under
clause (a) or as the case may be, under clause (b) of sub-section (4) of section 14,
call a meeting for the election of the Chairman and the Vice-Chairman.]
(2) Such meeting shall be presided over by the 5[ 6[Collector, the District
Deputy Registrar] or the authorised officer. The 6[Collector, the District Deputy
Registrar] or such authorised officer] shall, when presiding over the meeting, have the
same powers as the Chairman when presiding over a meeting of the Market
Committee has, but shall not have the right to vote.
(3) If, in the election of a Chairman or Vice-Chairman, there is an equality of
votes, the result of the election shall be decided by lots to be drawn in the presence
of the officer presiding in such manner as he may determine.
7[(4) In the event of a dispute arising as to the validity of the election of a
Chairman or Vice-Chairman, the Collector, or as the case may be, the District
Deputy Registrar, if he is the presiding officer, shall decide the dispute himself, and
in any other case, the officer presiding shall refer the dispute to the Collector or as
the case may be, the District Registrar for decision. The decision of the Collector,
subject to an appeal to the Commissioner appointed under section 6 of the Maharashtra
Land Revenue Code, 1966 and the decision of the District Deputy Registrar, subject
to an appeal to the Divisional Joint Registrar of Co-operative Societies shall be final;
and no suit or other legal proceedings shall lie in any court in respect of any such
decision.]
1 Section 21A was inserted by Mah. 2 of 1972, s. 3.
2 These words were substituted for the words “does not exceed Rs. 3,600 per annum” by Mah. 10 of
1984, s. 6.
3 Sub-section (1) was substituted by Mah. 27 of 1987, s. 13 (a).
4 This portion was substituted for the words “the Collector or, the officer not lower in rank than that of
Deputy Collector or, as the Collector may authorise in this behalf” by Mah. 7 of 2007, s. 7(a).
5 These words were substituted for the words “Director or any person authorised by him in this behalf.
The Director or such person” by Mah. 27 of 1987, s. 13 (b).
6 These words were substituted for the words “Collector” by Mah. 7 of 2007, s. 7 (b).
7 Sub-section (4) was substituted by Mah. 7 of 2007, s. 7 (c).
Honorarium
to Chairman
and Vice-
Chairman.
Mah.
XLI
of
1966.
Procedure
for election
of Chairman
and Vice-
Chairman.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
23. (1) The Chairman may resign his office by writingu nder his hand
addressed to the Director; and the resignation shall take effect from the date it
is accepted.
(2) The Vice-Chairman may resign his office by writing under his hand
addressed to the Chairman; and the resignation shall take effect from the date it
is accepted.
1[23A. (1) A Chairman or a Vice-Chairman shall cease forthwith to be
Chairman or Vice-Chairman, as the case may be, if the Market Committee by a
resolution passed by a majority of not less than two-third of the total number of
members (excluding the members who have no right to vote) at a special meeting so
decides.
(2) The requisition for such special meeting shall be signed by not less than
one-half of the total number of members (excluding the members who have no right
to vote) and shall be sent to the Collector under intimation to the Director.
(3) The Collector shall, within fifteen days from the date of receipt of the
requisition under sub-section (2), convene a special meeting of the Committee :
Provided that, when the Collector convenes such special meeting of the
Committee, he shall give intimation thereof to the Chairman, or as the case may
be, Vice-Chairman and also to the Director.
(4) (a) A special meeting to consider a resolution under sub-section (1) shall
be presided over by the Collector or the officer authorised by him in this behalf,
but the Collector or such officer or the Director (if present) shall have no right
to vote at such meeting.
(b) The members of the Committee who have no right to vote may take
part in the discussions, but shall not vote].
2[(5) If the motion of no confidence is not carried as aforesaid or if the
meeting could not be held for want of quorum, no such requisition for considering a
fresh such motion expressing want of confidence in the same Chairman or Vice-
Chairman shall be made until after the expiry of six months from the date of such
meeting.]
3[24. Subject to rules made by the State Government in this behalf a Chair-
man, Vice-Chairman or a member of the Market Committee who absents himself
from three consecutive meetings of the Market Committee without leave of the
Market Committee shall cease to be the Chairman, Vice-Chairman or member of the
Market Committee.]
Resignation
of Chairman
and Vice-
Chairman.
1 Section 23A was inserted by Mah. 10 of 1984, s. 7.
2 Sub-section (5) was added by Mah. 27 of 1987, s. 14.
3 Section 24 was substituted by Mah. 11 of 2003, s. 10.
Motion of
no-
confidence
against
Chairman or
Vice-
Chairman.
Conse-
quences of
absence
of Chair-
man, Vice-
Chairman
or member
without
leave.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
25. (1) In the event of a vacancy in the office of the Chairman or Vice-
Chairman by reason of death, resignation, removal or otherwise, the vacancy shall
subject to the provisions of section 19, be filled as soon as possible by election if
elected, or by nomination if nominated of a Chairman or Vice-Chairman.
(2) Every Chairman or Vice-Chairman elected or nominated under this
section to fill a casual vacancy shall hold office so long only as the Chairman or
Vice-Chairman in whose place he is elected or as the case may be, nominated would
have held it if the vacancy had not occured.
26. (1) On the election or nomination of a new Chairman or Vice-Chairman,
the outgoing Chairman or Vice-Chairman in whose place the new Chairman or
Vice-Chairman has been elected or nominated shall forthwith hand over charge of
his office to such new Chairman or Vice-Chairman, as the case may be.
(2) If the outgoing Chairman or Vice-Chairman fails or refuses to hand over
charge of his office as required under sub-section (1), the Director or any officer
empowered by the Director in this behalf may, by order in writing, direct the
Chairman or the Vice-Chairman, as the case may be, to forthwith hand over charge of
his office and all papers and property of the Market Committee, if any, in his possession
as such Chairman or Vice-Chairman to the new Chairman or Vice-Chairman.
(3) If the outgoing Chairman or Vice-Chairman to whom a direction has been
issued under sub-section (2) does not comply with such direction, the Director or any
person authorized by him in that behalf may apply to the Executive Magistrate within
whose jurisdiction the Committee is functioning for seizing and taking possession of
papers, funds and property of the Committee in the possession of such Chairman or
Vice-Chairman.
(4) On receipt of an application under sub-section (3), the magistrate may
authorize any police officer, not below the rank of a Sub-Inspector, to enter
and search any place where the records and property are kept or likely to be
kept and to seize them and hand over possession thereof to the new Chairman
or Vice-Chairman, as the case may be.
27. The meetings, quorum and procedure of the Market Committee shall be
regulated in accordance with bye-laws made for the purpose.
1[27A. (1) Notwithstanding anything contained in section 27, every Market
Committee other than the Bombay Agricultural Produce Market Committee shall,
within a period of six months next after the close of every financial year call an annual
general meeting of its members and invitees specified below,––
(a) the Chairman of all the Primary Agricultural Credit Societies and
the Sarpanchas of all the Village Panchayats, or their representatives, in the
market area;
Vacancies
in office of
Chairman
and Vice-
Chairman to
be
filled up.
Refusal to
handover
charges to
new
Chairman or
Vice-
Chairman.
Meeting,
etc. of
Market
Committee.
Annual
General
meeting of
Market
Committee.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1 Section 27A was inserted by Mah. 11 of 2003, s. 11.
(b) five office bearers to be nominated by each of the registered association
of the licenced commission agents and traders, in the market area. In the absence
of registered association, five representatives of the licenced commission agents
and traders to be nominated by the Chairman of the Market Committee;
(c) five office bearers to be nominated by each of the registered association
of hamals and weighmen, in the market area.
(2) The Secretary of the Market Committee shall convene the annual general
meeting. The notice of the annual general meeting specifying the date, time and place
of the meeting and the agenda shall be sent to all the members of the Market
Committee and the invitees specified in sub-section (1) not less than fifteen days
prior to the date of the meeting.
(3) The Chairman of the Market Committee, shall preside over the meeting
of the Committee and in the absence of both, the person elected by the members
present at the meeting shall preside over the meeting.
(4) At every annual general meeting, the balance sheet, income and expendi-
ture accounts, audit memorandum audited by the statutory auditor and the Market
Committee’s annual report shall be placed for discussion and such other business as
may be prescribed on the working of the Market Committee may also be transacted.
(5) If, in the annual general meeting any invitee has made any suggestion or
raised any objection, the Market Committee shall send its explanation on such
suggestion or objection to the invitee, within three months from the date of such
annual general meeting.]
28. (1) During any vacancy in a Market Committee the continuing members
may act as if no vacancy had occurred.
(2) A Market Committee shall have power to act, notwithstanding any va-
cancy in the membership or any defect in the constitution thereof; and such proceed-
ings of the Committee shall be valid notwithstanding that it is discovered subsequently
that some person who was not entitled to do so sat or voted or otherwise took part
in the proceedings.
Members to
act during
vacancy;
acts of
Committee,
etc., not to
be
invalidated
by
informalities.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
CHAPTER IV
THE MARKET COMMITTEES : POWERS AND DUTIES
29. (1) It shall be the duty of a Market Committee to implement the
provisions of this Act, the rules and bye-laws made thereunder in the market area;
to provide such facilities for marketing of agricultural produce therein as the Director
1[the State Marketing Board or the State Government, as the case may be,] may,
from time to time, direct; do such other acts as may be required in relation to the
superitendence, direction and control of markets or for regulating marketing of ag-
ricultural produce in any place in the market area, and for purposes connected with
the matters aforesaid, and for that purpose may exercise such powers and perform
such duties and discharge such functions as may be provided by or under this Act.
2[(2) Without prejudice to the generality of the foregoing provisions, a Market
Committee may––
(i) regulate the entry of persons and of vehicular traffic into the market;
(ii) supervise the behaviour of those who enter the market for transacting
business;
(iii) grant, renew, refuse, suspend or cancel licence;
(iv) maintain and manage the market including admissions of agricultural
produce within the market in the market area;
(v) provide for necessary facilities for the marketing of agricultural produce
within the market in the market area;
(vi) regulate and supervise the auctions of notified agricultural produce in
accordance with the provisions and procedure laid down under the rules made
under this Act or the bye-laws of the Market Committee;
(vii) regulate the making, carrying out and enforcement or cancellation of
sales, weighment, delivery, payment to be made in respect thereof and all other
matters relating to the marketing of notified agricultural produce in the prescribed
manner ;
(viii) take all possible steps to prevent adulteration and to promote and
organise granding and standardization of the agricultural produce;
(ix) take measures for the prevention of purchases and sales below the
minimum support prices as fixed by the Government from time to time;
1 These words were inserted by Mah. 27 of 1987, s. 15 (a).
2 Sub-section (2) was substituted by Mah. 27 of 1987, s. 15 (b).
Powers and
duties of
Market
Committee.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(x) collect, maintain, disseminate and supply information in respect of
production, sale, storage, processing, prices and movement of notified agricultural
produce including information relating to crops, statistics and marketing intelligence
as may be required by the Director;
(xi) arrange to obtain fitness (health) certificate from Veterinary Doctor in
respect of animals, cattle, birds, etc., which are brought or sold in the market area;
(xii) carry out publicity about the benefits of regulation, system of transactions,
facilities provided in the market area, through such media as, in the opinion of the
Market Committee, may be effective or necessary;
(xiii) provide for settling dispute arising out of any kind of transactions
connected with the marketing of agricultural produce and all matters ancillary
thereto;
(xiv) subject to the provisions of section 12, acquire, hold or dispose of
any moveable or immoveable property for the purpose of efficiently carrying out
its duties;
(xv) institute or defend any suit, prosecution, action, proceeding, applica-
tion or arbitration and compromise such suit, action, proceeding, application or
arbitration;
(xvi) make arrangement for holding of elections of the Market Committee
in the prescribed manner;
(xvii) levy, take, recover and receive charges, fees, rates and other sums
or money to which the Market Committee is entitled;
(xviii) subject to approval of the Director, obtain loans, subsidies, subventions
from the State and Central Government or any financing agency, for providing
warehousing and marketing facilities in the market;
(xix) subject to the approval of the State Marketing Board, prepare
budgets, supplementary budgets, make reappropriations in the budget and
incur expenditure accordingly;
(xx) keep a set of standard weights and measures in the market against
which weighment and measurement may be checked;
(xxi) 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
licences in such manner as may be prescribed;
(xxii) employ the necessary number of officers and servants for the efficient
implementation of the provisions of this Act, rules and bye-laws of the
Market Committee;
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(xxiii) pay, salaries and other emoluments, pension, leave allowance,
gratuities, compassionate allowance, contribution towards leave allowance,
pension or provident fund of the officers and servants employed by the
Market Committee in the manner prescribed;
(xxiv) administer Market Fund referred to in section 36 of this Act and
maintain the account thereof and get the same audited in the prescribed manner;
(xxv) prosecute persons for violating the provisions of this Act, the rules
and the bye-laws and compound offences as provided under section 52A;
(xxvi) provide storage and warehousing facilities in the market area;
(xxviii) with prior sanction of the State Government or the State Marketing
Board or the Director undertake any other activity conducive to the promotion of
regulation of agricultural marketing;
(xxviii) arrange for the collection of––
(a) such agricultural produce in the market area in which all trade therein
is to be carried on exclusively by the State Government by or under any law
in force for that purpose, or
(b) such other agricultural produce in the market area, as the State
Government may, from time to time, notify in the Official Gazette (hereinafter
referred to as the “notified produce”).]
30. A Market Committee may appoint one or more sub-committee consisting
of one or more of its members (including any persons co-opted by the Committee
with the approval of the Director or of any officer authorised by the Director in this
behalf) and may delegate to such sub-committee such of its powers or duties as it
may think fit. 1[The sub-committee so appointed shall function under the superinten-
dence, guidance, direction and control of the Market Committee.]
2[30A. (1) A Market Committee duly authorised by the State Government
for the purpose may by an order in writing, open collection centres for collecting
thereat the notified produce specified in such order. The Market Committee shall
publish such order for the information of the public in such manner as it deems fit.
(2) Where any person wishes to sell any notified produce in a market area,
he shall tender all such produce only at the Collection centre established for the
purpose under sub-section (1) :
1 This portion was added by Mah. 27 of 1987, s. 16.
2 Section 30A was inserted by Mah. 2 of 1972, s. 5.
Appoint-
ment of
sub-
committees;
delegation
of power.
Power of
the Market
Committee
to open
collection
centre for
marketing
of notified
produce;
provisions
for receipt
and
payment
by pur-
chaser.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Provided that, agricultural produce notified under sub-clause (ii) of clause (gl)
of sub-section (2) of section 29 may be tendered through a commission agent.
(3) The Market Committee shall, on the sale of such produce, get it weighed,
measured, or as the case may be, counted forthwith, and arrange for issuing a receipt
therefor to the person who has tendered the produce at the collection centre for sale
or, as the case may be, through the commission agent or any agency fixed by the
State Government where tender through an agent is allowed, and shall also arrange
to give a copy of the receipt to the purchaser, the co-operative society, if any, and
where a receipt is given through such agent or agency, if any, also to the Market
Committee.
(4) Such receipt shall contain the following particulars, that is to say––
(i) the name of the collection centre,
(ii) the name of the tenderer,
(iii) the name of the purchaser,
(iv) the name of the commission agent, if any,
(v) the name, and quantity of notified produce, the weight, measure or
number thereof and charges therefor,
(vi) grade of the notified produce, if any, and the rate,
(vii) the amount of dues of the Market Committee to be paid by the
purchaser,
(viii) the amount of dues to be paid by the tenderer, to the commission
agent by way of his commission, if any, and such other market charges, as are
duly authorised by the Market Committee,
(ix) the amount of dues to be paid by the tenderer to a co-operative
society, under section 48A of the Maharashtra Co-operative Societies Act, 1960,
(x) the amount of advance price received by the tenderer, if any, in respect
of agricultural produce notified under sub-clause (i) of clause (gl) of sub-section
(2) of section 29,
(xi) the amount to be actually paid to the tenderer after deducting the
amounts, if any, falling under entries (vii), (viii), (ix) and (x), and
(xii) the total amount to be paid by the purchaser in respect of the notified
produce purchased by him.
(5) The dues to a Market Committee shall consist of fees to be levied and
collected from a purchaser by or under this Act.
Mah.
XXIV
of
1961.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(6) The purchaser shall, on receiving a copy of the receipt, pay forthwith the
total amount to be paid by him as recorded in the receipt by drawing two cheques,
one in favour of the Market Committee and another in favour of the tenderer. Both
the cheques shall be payable on presentation. The cheque drawn in favour of the
Market Committee shall be for an amount equal to the amounts referred to in clauses
(vii), (viii), (ix) and (x) under sub-section (4); and the cheque drawn in favour of
the tenderer shall be for an amount equal to the amount referred to in clause (xi) of
sub-section (4). The Market Committee, on receipt of the cheque, shall arrange to
pay to the commission agent and the co-operative society, if any, the amount of
money recorded against each of them in the receipt and credit the balance due to it
to the market fund :
1[Provided that, where the purchaser is the State Government or an agent
appointed by it to make purchases of any notified produce on its behalf under any
law for the time being in force, then the amount payable to the tenderer may be paid
either in cash or by crediting the amount into the account of the tenderer in a
co-operative bank.]
2[Explanation.––For the purposes of this section, section 31 and section 34A
‘purchaser’ shall include any person who pays the purchase price of any notified
produce or agricultural produce, as the case may be, tendered for sale, or by whom
payment of such price is made, whether on his own account, or as an agent or on
behalf of another person].
31. 3[(1)] It shall be competent to a Market Committee to levy and collect
fees in the prescribed manner at such rates as may be decided by it (but subject to
the minimum and maximum rates which may be fixed by the State Government
by notification in the Official Gazette, in that behalf), from every purchaser of
agricultural produce marketed in that market area :
Provided that, when any agricultural produce brought in any market area for the
purposes of processing only 5 is not processed 5 within
thirty days from the date of its arrival therein, it shall, until the contrary is proved, be
presumed to have been marketed in the market area, and shall be liable for the levy
of fees under this section, as if it had been so marketed :
6[Provided further that,––
(a) any agricultural produce brought in any market area for the exclusive
purpose of export shall be exempted for the payment of fees and supervision cost,
if such exporter or his duly authorised agent presents the letter of credit or confirmed
order of export or confirmed export order consignment, whichever is relevant
or applicable, at the time of entry of such produce in the market area, to the
officer authorised in this behalf by the market committee concerned along with a
declaration in that behalf, in such form as the State Government may, by order
from time to time, direct;
Power of
Market
Committee
to levy fees
4[and rates
of
commission
(adat)].
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1 This proviso was added by Mah. 30 of 1974, s. 2.
2 This Explanation was added by Mah. 50 of 1977, s. 2.
3 Section 31 was renumbered as sub-section (1) of that section by Mah. 27 of 1987, s. 17.
4 These words and brackets were added by Mah. 27 of 1987, s. 17 (b).
5 The words “or for export” and “or exported therefrom” were deleted by Mah. 8 of 1994, s. 2 (a).
6 This proviso was inserted by Mah. 8 of 1994, s. 2 (b).
(b) if such exporter fails to submit a certified copy of the bill of lading or
the air-freight bill or any other documents as may be specified by the State Govern-
ment as a proof of such export, within ninety days from the date of entry of the
agricultural produce in the market area, such agricultural produce shall be deemed to
have been marketed within the market area and he shall forthwith pay the market fees
under this section and shall also pay the supervision cost under section 34A on such
agricultural produce, along with eighteen per cent. interest on the total amount due
and payable as the market fees and supervision cost, from the date of bringing of
such produce in the market area :]
1[Provided also that, no such fees shall be levied and collected in any market
area in relation to agricultural produce in respect of which fees under this section have
already been levied and collected by any other Market Committee, private market,
farmer-consumer market, special commodity market or under direct marketing in the
State or in relation to declared agricultural produce purchased by person engaged in
industries carried on without the aid of any machinery or labour in any market area].
2[(2) It shall be competent to a Market Committee to fix, with the prior
approval of the State Government, the rate of commission (adat) to be charged
3[by the commission agents from the buyer] in respect of an agricultural produce or
class of agricultural produce marketed in the market area.
(3) It shall be the duty of the buyer, commission agent, processor and trader
to pay the market fee fixed immdiately after weighment or measurement of the
agricultural produce is done. The buyer, the commission agent, processor or trader
who fails to pay the market fee as fixed above shall be liable to pay a penalty as
prescribed in addition to such fees.
(4) Notwithstanding anything contained in this Act or any other law for the
time being in force or in any agreement, it shall be competent to a Market Committee
to recover the amount of fees along with the amount of penalty which is due to a
Market Committee from a buyer, commission agent, processor or trader ––
(a) from the amount of deposit kept with the Market Committee by the
buyer, commission agent, processor or trader, as the case may be;
(b) from the Bank which gives the guarantee to such buyer, commission
agent, processor or trader and the Bank shall, on demands by the Market
Committee, pay the amount so demanded.]
32. (1) A Market Committee may, with the previous sanction of the Direc-
tor, 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.
(2) The Market Committee may, for the purpose of meeting the expenditure
on lands, buildings and equipment required for establishing the Market, obtain a loan
from the State Government on such terms and conditions as the State Government
may determine.
1 This proviso was substituted by Mah. 7 of 2017, s. 4 (a).
2 These sub-sections were added by Mah. 27 of 1987, s. 17 (a).
3 These words were substituted for the words “by the commission agents” by Mah. 7 of 2017, s. 4 (b).
Power to
borrow.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
32A. 1[ 2[(1) Any such officer or servant of the Market Committee as
the Market Committee may specify in this behalf (hereinafter referred to as “the
specified officer or servant”) for the purposes of this Act, require any person
carrying on business in the market area in any agricultural produce to produce
before him the accounts and other document and to furnish any information relating
to the stock of such agricultural produce, or purchases, sales and deliveries of
such agricultural produce by such person and also other information relating to
payment of the market fees and payment to the seller by such person.
(2) All accounts and registers maintained by any person in the ordinary course
of business in the market area in any agricultural produce and documents relating to
the stock of such agricultural produce or purchases, sales and deliveries of such
agricultural produce in his possession and the office, establishment, godowns, vessels
or vehicles of such person shall be open to inspection at all reasonable times by such
specified officer or servant.
(3) 3[The Registrar appointed under the Maharashtra Co-operative Societies
Act, 1960 or any subordinate officer not below the rank of the Assistant Registrar ;
and the Secretary, Joint Secretary or Deputy Secretary of the Market Committee
(hereinafter referred to as “the authorised officer”), has reason to believe,]––
(a) that any person carrying on business in any agricultural produce in the
market area within the jurisdiction of the said Market Committee,––
(i) is attempting to evade or has evaded the payment of fees or charges
payable by him under this Act, rules or bye-laws ; or
(ii) has committed any act contrary to the provisions of this Act, rules or
bye-laws ; or
(iii) on having been served with a notice to produce or cause to be
produced any books of accounts or other documents or articles or registers or
things relating to the business in any agricultural produce, has failed to do so ; or
(b) that any person has purchased any agricultural produce in contravention
of the provisions of this Act or the rules or the bye-laws, then the authorised
officer may,––
(i) enter and search any place, building, warehouse, godown, vessel,
cart or vehicle where he has reason to suspect that such person has kept or
keeps any such books of accounts, documents, articles, registers or things ;
1 These sections were inserted by Mah. 27 of 1987, s. 18.
2 Section 32A was substituted for the original by Mah. 8 of 1994, s. 3.
3 This portion was substituted for the portion begining with the words “Any officer” and ending with the
words “has reasons to believe,” by Mah. 11 of 2003, s. 12.
Mah.
XXIV
of
1961.
Power to
order
production
and power
of entry,
inspection
and seizure.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(ii) break open the lock of any door, box, locker, safe, almirah or other
receptacle for exercising the powers conferred by sub-clause (i), where the
keys thereof are not available;
(iii) search any person who has get out of, or is about to get into, or is
in any place or premises, if the authorised officer has reason to suspect that such
person has secreted about his person any such books of accounts, other
documents, articles, registers or things ;
(iv) seize any such books of accounts, other documents, articles,
registers or things found as a result of any such search;
(v) place mark of identification on any books of accounts or other
documents, articles, registers or things and make or cause to be made, extracts
or copies therefrom;
(vi) make a note or an inventory of any such books of accounts, other
documents, articles, registers or things seized.
(4) The authorized officer may requisition the services of any police officer to
assist him for all or any of the purposes specified in sub-section (3) and it shall be
the duty of every police officer to comply with such requisition.
(5) The authorised officer may, where it is not practicable to seize any such
books of accounts, other documents, articles, registers or things or vehicles under
sub-section (3), serve an order on the owner or the person who is in immediate
possession or control thereof that he shall not remove, part with or otherwise deal
with it except with the previous permission of such officer and such officer may take
such steps as may be necessary for ensuring compliance with such order.
(6) Where any books of account, other documents, articles, registers or things
are found in the possession or control of any person in the course of a search, it may
be presumed,––
(i) that such books of accounts, other documents, articles, registers or
things are found in the possession or control of any person in the course of
search, belong to such person ;
(ii) that the contents of such books of accounts and other documents are
true; and
(iii) that the signature and every other part of such books of accounts and
other document which purport to be in the handwriting of any particular person or
which may reasonably be assumed to have been signed by, or to be in the
handwriting of, any particular person, are in that person’s handwriting, and in the
case of a document stamped, executed or attested by the person by whom it
purports to have been so executed or attested.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(7) The person from whose custody any books of accounts, other documents,
articles, registers or things are seized under the foregoing sub-sections, may make
copies thereof or take extracts therefrom, in the presence of the authorised officer
or any other person empowered by him in this behalf, at such place and time as the
authorised officer may appoint in this behalf.
(8) The books of accounts, documents, articles, registers or things or vehicle
so seized shall not be retained by the authorised officer for a period exceeding ninety
days from the date of seizure :
Provided that, in computing such period any period during which any proceeding
under this Act is stayed by an order or injunction of any Court, shall be excluded :
Provided further that, if any articles or things so seized are of perishable nature
they shall not be retained by the authorised officer for more than twelve hours from
the time of seizure.
(9) Notwithstanding anything contained in sub-section (8),–
(a) where such articles or things comprise agricultural produce and are
transported within the market area in such vehicles which are so seized; and
market fees or any other dues in respect of such agricultural produce are not paid,
such vehicle and such agricultural produce may be retained until the market fees
and supervision charges along with penalty equal to three times the amount of such
fees and charges and the actual cost of such seizure are paid and if the amount
of such fees, charges, penalty and cost are not paid even after demand thereof in
writing, then the same may be recovered by sale of such agricultural produce by
auction and the balance of amount, if any, left thereafter, may be returned to the
person from whom they are seized;
(b) where such books of accounts, documents, articles, registers or things
or vehicles and the agricultural produce so seized are required for the purpose of
prosecution launched for an offence of contravention of the provisions of this Act
or the rules or the bye-laws, they may be retained until they are ordered to be
released by the Court trying such offences;
(c) where such articles or things which comprise agricultural produce which
are of perishable nature and the market fees and supervision charges alongwith
penalty equal to three times the amount of such fees and charges and the actual
cost of such seizure are not paid, then instead of returning the same to the person
from whom they are seized, such market fees, charges, penalty and cost in respect
thereof may be recovered by sale of such agricultural produce by auction and the
balance of amount, if any, left thereafter, may be returned to such person.
(10) The authorised officer shall carry out the search and seizure under this
section with due regard to the honour and dignity of any inmates in the building, place
or vehicle and exercise the minimum force in obtaining ingress into the building, place
or vehicle to be searched where free ingress thereto is not available and ensure safe
custody of any books of accounts, documents, articles, registers or things or vehicle
so seized.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(11) Without prejudice to the foregoing provisions, the provisions of the Code
of Criminal Procedure, 1973 relating to search and seizure shall so far as may be,
apply to the searches and seizure under this section].
32B. A Market Committee may write off any fee or other amount whatsoever
due to it or whenever any loss of the Committee in money or store or other property
occurs through any fraud or negligence of any person or for any other cause and in
the opinion of the Market Committee, the fee, amount, property, or money is found
to be irrecoverable or should be remitted, the Market Committee may order to
write off or remit such fee, amount, property or money as lost, or irrecoverable, as
the case may be :
Provided that, where the amount due or the value of store or other property
exceeds five hundred rupees, the Market Committee shall before making any order
to write off or remit as aforesaid, obtain the sanction of the Director.
32C. If any licensee or class of licensees dealing in any agricultural produce
whether perishable or not go on strike or join any strike and the functioning of the
market is disrupted, it shall be competent to the Market Committee to make
such arrangement as are necessary in its opinion for running the market. Such
arrangements may include the purchasing, storage or transport of the agricultural
produce by the Market Committee itself with the approval of the Director.
32D. It shall be the duty of the Market Committee to make such arrangements
and to take such steps as may be prescribed to prevent purchase of agricultural
produce in the market area below the support price fixed by the Government.]
1[32E. A Market Committee, if convinced that any shop, gala, shed, plot or
any other premises allotted or leased for purposes of sale and purchase of agricultural
produce or such other purposes directly or indirectly connected with the sale and
purchase of agricultural produce, is not used for the purpose for which the
allotment was made or missused or where encroachment is made on the land of the
Market Committee, after giving a reasonable opportunity of being heard to the
person concerned, issue an order for eviction of the shop, gala, shed, plot or any
other premises or for removing the encroachment and the concerned local
authority of the area shall provide all possible help for such eviction or removal of
encroachment to the Market Committee].
33. (1) Every contract entered into by the Market Committee shall be in
writing and shall be signed on behalf of the Market Committee by its Chairman, or
in the absence of the Chairman by the Vice-Chairman, and two other members of
the Committee.
(2) No contract other than a contract executed as provided in sub-section (1)
shall be binding on the Market Committee.
1 Section 32E was inserted by Mah. 11 of 2003, s. 13.
II of
1974.
Power to
write off
loss,
shortage or
fee, etc.,
irrecover-
able.
Power to
make
alternative
arrange-
ments
during
strikes.
Execution
of
contracts.
Power to
take steps
to prevent
purchases
of
agricultural
produce
below
support
price.
Power of
Market
Committee
to evict from
shop, gala,
shed, plot,
or any
other
premises and
to remove
encro-
achment.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
34. (1) Notwithstanding anything contained in the Bombay Weights and
Measures (Enforcement) Act, 1958, if any dispute arises between an Inspector
appointed under that Act and any person interested as to the meaning or construction
of any rule made under that Act or as to the method of verifying, re-verifying,
adjusting or stamping any weight or measure or weighing or measuring instrument,
in any market area, such dispute may, at the request of the party interested or by the
Inspector of his own accord, be referred to the Market Committee; and the decision
of the Market Committee shall, subject to the provision of sub-section (2), be final
and shall be deemed to have been given under section 20 of the Bombay Weights
and Measures (Enforcement) Act, 1958.
(2) An appeal shall lie within the time prescribed from 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,
shall be final.
1[CHAPTER IV-A
COST OF SUPERVISION
34A. (1) The State Government may, by general or special order, direct
that the purchase of agricultural produce, the marketing of which is regulated in any
market or market area under this Act, shall be under the supervision of such staff
appointed by the State Government as it may deem to be necessary; and subject to
the provisions of this Chapter, the cost of such supervision shall be paid to the State
Government by the person purchasing such produce in such market or market area.
(2) The cost to be paid by a purchaser shall be determined from time to time
by the State Government and notified in the market or market area (in such manner
as the State Government may deem fit), so however that the amount of the cost does
not exceed five paise per hundred rupees of the purchase price of the agricultural
produce which is purchased by such purchaser.
34B. (1) The cost of supervision shall be collected by the Market Committee
in the same manner in which the fee levied by it under section 31 is collected.
(2) The cost of supervision collected by a Market Committee shall be paid
to the State Government in the prescribed manner within a period of fifteen days from
the close of the month in which such cost is collected.
34C. If a Market Committee makes default in the collection or payment
to the State Government of any sum or part thereof due in respect of the cost of
supervision, the Director may direct that the said sum or part thereof, as the case may
be, together with a penalty equal to one per cent. of such sum or part shall be
recovered from the Market Committee as an arrear of land revenue under
section 57.]
Supervision.
Default of
Market
Committee
in
collecting
or paying
cost of
supervision.
1 Chapter IV-A was inserted by Mah. 26 of 1972, s. 2.
Supervision
over
purchases
of agricul-
tural
produce in
any market
or market
area and
payment of
cost of
supervision
by
purchasers.
Certain
disputes
regarding
construc-
tion of
rules, etc.,
about
weights
and
measures to
be decided
by Market
Committee.
Bom.
LXIX
of
1958.
Bom.
LXIX
of
1958.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
CHAPTER V
OFFICERS AND SERVANTS OF MARKET COMMITTEES
35. 1[(1) A Market Committee may employ a Secretary and such other
officers and servants as may be necessary for the management of the market, for the
collection, maintenance, dissemination and supply of information relating to crops
statistics and marketing intelligence and for carrying out its duties under this Act; and
shall pay such officers and servants such salaries and allowances, pension or gratuity
and shall contribute to any provident fund and pension fund which may be established
for the benefit of such employees :
Provided that, all posts other than that of a Secretary shall, subject to such
general or special directions which the Director may issue in this behalf, be created
only with the prior approval of the Director :
2[Provided further that, the State Marketing Board shall prepare a list of the
persons to be appointed as the Secretaries on the Market Committees according to
their qualification and experience and it shall be binding on the Market Committees
to appoint a person as Secretary from the list of persons enrolled.]
(2) The Secretary of the Market Committee shall be the Chief Executive
Officer and the Custodian of the records and properties of the Market Committee
and shall exercise such powers as are conferred and perform such duties as are
imposed upon him by or under this Act.]
(3) The powers conferred by this section on the Market Committee shall be
exercised subject to any rules which may be made in that behalf by the State
Government.
3[35A. Notwithstanding anything contained in section 35, the State Govern-
ment may appoint any officer, not below the rank of Assistant Registrar of Co-
operative Societies, from the Co-operation Department, as the Secretary of any
Market Committee.]
CHAPTER VI
THE MARKET FUND
36. (1) All monies received by a Market 4 Committee
under this Act 5[(except the amount of such fees credited to the Election Fund under
section 14A)] all sums realised by way of penalty (otherwise than by way of a fine
in a criminal case), all loans raised by the Committee, and all grants, loans or
contributions made by the State Government to the Committee shall form part of a
fund to be called the Market Fund.
(2) The amount to the credit of a Market Fund shall be kept or invested in
such manner as may be prescribed.
37. 6[(1)] The Market Fund may be expended for all or any of the following
purposes, namely :––
(a) the acquisitions of a site or sites for the market;
Purpose for
which Market
Fund may be
expended.
1 Sub-sections (1) and (2) were substituted by Mah. 27 of 1987, s. 19.
2 This proviso was added by Mah. 48 of 2005, s. 10.
3 This section was inserted by Mah. 10 of 2008, s. 5.
4 The words “by way of fees” were deleted by Mah. 32 of 1970, s. 9.
5 This portion was inserted by Mah. 2 of 1972, s. 6.
6 Section 37 was renumbered as sub-section (1) of that section and sub-section (2) was added by Mah. 10
of 1984, s. 8.
Market
Fund, its
custody
and
investment.
Power of
Government
to appoint
Secretary of
Market
Committee.
Power of
Market
Committee
to employ
staff.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(b) maintenance, development and improvement of the market;
(c) construction of, and repaires to, buildings necessary for the purposes of
such market and for the health, convenience and safety of persons using it;
(d) pay, pension, leave allowances, gratuities, compensation for injuries
resulting from accidents, compassionate allowances and contributions towards
leave, allowances, pensions or provident fund of the officers and servants
employed by the Market Committee;
1
(g) the payment of interest on loan, if any, raised by the Market Committee
and the provision of sinking fund in respect of such loan;
(h) the collecting and dissemination of information regarding matters relating
to crop statistics and marketing in respect of the agricultural produce notified
under section 4;
(i) propaganda in favour of agricultural improvement and orderly marketing;
( j ) payment of allowances and travelling expenses to the members of the
Market Committee and sub-committee; and of the Board constituted, if any, under
section 10;
2[( j1) the payment of an honorarium to the Chairman and Vice-Chairman
under section 21A;
( j2) giving grant or donation to any institution or body conducting any
educational or welfare activities for the benefit of agriculturists in the market area
subject to the condition that the amount of such grant or donation does not exceed
in the aggregate ten per cent. of the net amount remaining after deducting the
expenditure from the revenues of the year immediately preceding the year in which
such grant or donation is made;]
(k) expenses of any Tribunal constituted under section 57;
3[(l) the payment of expenses incurred in auditing the accounts of Market
Committee;
(m) the payment of such contribution to State Marketing Board as may be
notified under sub-section (2);
(n) the making of any contribution to any scheme for development of
agricultural marketing;
(o) the provision of facilities, like grading services and communication of
market information to agriculturist in the market area;
(p) the payment of expenses on elections under this Act;
1 Clauses (f) was deleted by Mah. 2 of 1972, s. 7 (I).
2 Clauses ( j1) and ( j2) were inserted by Mah. 2 of 1972, s. 7 (2).
3 These clauses were substituted for clauses (l) and (m) by Mah. 27 of 1987, s. 20.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(q) the incurring of expenses for research, extension and training in
marketing of agricultural produce;
(r) the prevention, in conjunction with other agencies, State and Central
Government, of distress sale of agricultural produce;
(s) the promotion of co-operative marketing of agricultural produce;
(t) the promotion of warehousing finance for benefit of small and marginal
farmers;
(u) towards expenses of any Tribunal constituted under section 57;
1[(u1) the expenses for prevention of distress sale of agricultural produce
as well as to prevent purchases of agricultural produce in the market area below
the minimum support price fixed by the Government or making purchases and sale
of the agricultural produce during the strike of market functionaries or otherwise
in the market area to the extent of fifty per cent. of the average of surplus earned
during the last three years;
(u2) the expenses for opening temporary shops and retail outlets for
carrying out the retail marketing;
(u3) the expenses for creation of infrastructure for exporting agricultural
produce and carrying out extension work in improved technology in agricultural
production, within the ceiling mentioned in clause (u1);
(u4) the expenses for creating facilities in the market area for grading,
cleaning, packing, processing, storage, warehousing (including cold storage) and
transport from farms to the market area and from market area to the rail head
sea-port or airport;]
(v) for any other purpose, with the previous approval of the State
Government.]
2[(2) Every Market Committee shall, out of the Market Fund, pay, within two
months from the date of expiry of the previous market year, to the State Agricultural
Marketing Board an annual contribution at such rate, not exceeding ten per cent. of its
gross annual income for the previous market year, and in such manner as the State
Government may, by notification in the Official Gazette, specify from time to time and,
having regard to the finances of a Market Committee or class or classes of Market
Committees, different rates may be specified for different Market Committee or class
or classes of Market Committees.]
38. 3[(1)] The manner in which any payment from the Market Fund shall
be made, its accounts shall be kept and audited or re-audited (including powers to
be exercised by the auditor in that behalf), its annual, revised or supplementary
budget estimate of income and expenditure shall be made (including provision for
modifying, annulling or rescinding such budgets) and its annual administration report
shall be prepared, shall be prescribed by rules made in that behalf.
1 These clauses were inserted by Mah. 11 of 2003, s. 14.
2 Sub-section (2) was added by Mah. 10 of 1984, s. 8.
3 Section 38 was re-numbered as sub-section (1) by Mah. 27 of 1987, s. 21.
Manner of
preparing
budget, etc.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1[(2) Every Market Committee shall submit the budget to the State Marketing
Board for sanction before the prescribed date every year. The State Marketing
Board shall sanction the budget with or without modification, as the case may be,
within one month from the date of receipt thereof. If the approval or otherwise of the
budget is not communicated by the Board within one month of its receipt by it, the
budget shall be deemed to have been sanctioned without any modifications.
(3) No expenditure shall be incurred by a Market Committee on any item if
there is no provision in the sanctioned budget therefor unless it can be met by
reappropriation from saving under any other budget head. The sanction for reappro-
priation may be obtained from the State Marketing Board :
Provided that, in case of reappropriation from one minor budget head to the
other under one major budget head, such sanction for reappropriation shall not be
required.
(4) A Market Committee may at anytime during the year for which any budget
has been sanctioned, cause a revised or supplementary budget to be passed and
sanctioned in the same manner as if it were an original budget.]
2[38A. (1) No expenditure from the funds of a Market Committee shall be
incurred for the purpose of defraying the cost of any proceeding filed or taken by
or against any member, Chairman or Vice-Chairman of the Market Committee in his
personal capacity. If any question arises whether any expenditure can be so incurred
or not, such question shall be referred to and decided by the Director, and his
decision shall be final.
(2) If any person incurs expenditure in violation of sub-section (1), the
Director shall direct the person to repay the amount to the Market Committee within
one month and where such person fails to repay the amount as directed, such
amount shall, on the certificate issued by the Director, be recoverable as arrear of
land revenue.
(3) The person against whom action is taken by the Director under sub-
section (2) shall be disqualified to continue to be a manner of the Market Committee
for remainder of his term of office and shall also be disqualified for contesting for
the next election including any next by-election of the Market Committee held
immediately after the expiration of a period of one month during which such person
has failed to pay the amount referred to in sub-section (2).]
1 These sub-sections were added by Mah. 27 of 1987, s. 21.
2 Section 38A was inserted by Mah. 27 of 1987, s. 22.
Funds not
to be
utilised for
certain
proceed-
ings filed or
taken by or
against
officers in
personal
capacities.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
CHAPTER VII
TRADE ALLOWANCES PROHIBITED
39. No person shall make or recover any trade allowance in any market or
market area in any transaction in respect of any agricultural produce.
1[Explanation.–– For the purposes 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.]
2[ CHAPTER VII-A
STATE AGRICULTURAL MARKETING BOARD
39A. (1) The State Government may, for co-ordinating the activities of
Market Committees and for exercising such other powers and performing such
functions as are conferred or entrusted under this Act, by notification in the Official
Gazette, establish, with effect from such date as may be specified in such notification,
a State Agricultural Marketing Board to be called “The Maharashtra State Agricul-
tural Marketing Board” 3 .
(2) The State Marketing Board shall be a body corporate by the name
aforesaid and shall have perpetual succession and a common seal, and may in its
corporate name sue and be sued and shall be competent to contract, acquire and
hold property, both movable and immovable, and to do all other things necessary for
the purpose for which it is established.
(3) Notwithstanding anything contained in any law for the time being in force,
the State Marketing Board shall, for all purposes, be deemed to be a local authority.
39B. The State Marketing Board shall consist of the following members,
that is to say––
Making or
recovery of
trade
allowance
prohibited.
ex-officio
Chairman;
ex-officio
Vice-Chairman;
ex-officio
Member;
(i) 4[The Minister in-charge of Marketing]
(ii) 5[The Minister of State in-charge of Marketing]
6
(iii) The Commissioner for Co-operation and Registrar
of Co-operative Societies, Maharashtra State, Pune.
1 This Explanation was substituted by Mah. 27 of 1987, s. 23.
2 Chapter VII-A was inserted by Mah. 10 of 1984, s. 9.
3 The bracket and words “(hereinafter in this chapter referred to as “the State Marketing Board)” were
deleted by Mah. 27 of 1987, s. 24.
4 These words were substituted for the words “the Minister for Co-operation” by Mah. 33 of 2000, s. 3 (1).
5 These words were substituted for the words “the Minister of State for Co-operation” by Mah. 33 of 2000,
s. 3 (2).
6 Clause (ii-a) was deleted by Mah. 48 of 2005, s. 11 (a).
Establish-
ment of
State
Agricultural
Marketing
Board.
Constitu-
tion of
State
Marketing
Board.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Explanation.–– For the purposes of Chapter VII-A, the expression “member”
means a member of the State Marketing Board.
6[39B-1. (1) The State Government may, by notification in the Official
Gazette, appoint, on deputation, an officer to be the Managing Director of the State
Marketing Board.
(2) The Managing Director appointed under sub-section (1) shall exercise
such powers and perform such functions as may be specified under this Act or rules
made thereunder.]
39C. (1) Subject to the superitendence of the State Marketing Board, the
Managing Director shall function as the chief executive officer of the State Marketing
Board.
(2) The State Marketing Board shall appoint such other officers and servants
under the supervision and control of the Managing Director as it may consider
necessary for the efficient discharge of its duties and functions under this Act.
ex-officio
Member;
ex-officio
Member;
ex-officio
Member;
Members;
Member;
Member 4 *;
Member
Secretary.]
(iv) 1[The Commissioner for Agriculture, Maharashtra
State, Pune.]
(v) one representative of the National Bank of Agricultural
and Rural Development (NABARD), to be nominated
by the State Government.
(vi) the Agricultural Marketing Advisor to the Government
of India, or his representative.
(vii) 2[six members one each from the revenue divisions
to be 3[nominated by the State Government] from
amongst the Chairmen of the Market Committees
in respective revenue division.]
(viii) the Chairman, the Maharashtra State Market
Committees’ Co-operative Federation Limited, Pune.
(ix) The Director of Agricultural Marketing, Maharashtra
State, Pune.
5[(x) The Managing Director.
1 These words were substituted for the words “the Director of Agriculture, Maharashtra State, Pune, by
Mah. 11 of 2003, s. 15 (b).
2 These words were substituted for the words “members not exceeding six to be nominated by the State
Government from amongst the Chairmen of the Market Committee, one each from the six revenue
divisions” by Mah. 11 of 2003, s. 15 (c).
3 These words substituted for the words “elected” by Mah. 48 of 2005, s. 11 (b).
4 The words “and the Managing Director” were deleted by Mah. 21 of 2010, s. 3 (a).
5 This clause was added by Mah. 21 of 2010, s. 3 (b).
6 This section was inserted by Mah. 21 of 2010, s. 4.
Managing
Director of
State
Marketing
Board.
Officers
and
servants of
State
Marketing
Board.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
39D. Notwithstanding anything contained in any law for the time being in
force, a member of the State Marketing Board referred to in clause (vi) or (viii) of
section 39B shall not be disqualified for being chosen as, and for being, a member
of the State Legislature or councillor of any local authority, merely by reason of the
fact that he is a member of the State Marketing Board.`
39E. (1) The term of office of the member referred to in clause (vii) of
section 39B shall ordinarily be three years from the date of his nomination as such
member.
(2) Notwithstanding anything contained in sub-section (1), the term of office
of a member of the State Marketing Board shall, unless the State Government
terminates his membership earlier or he resigns his membership come to an end as
soon as he ceases to hold any office, or the office under Government, the Market
Committee, the National Bank of Agricultural and Rural Development (NABARD)
or as the case may be, the Maharashtra State Market Committees’ Co-operative
Federation, by virtue of which he holds the membership of the State Marketing
Board under section 39B :
Provided that, the membership of the Agricultural Marketing Advisor to the
Government of India or his representative shall not be terminated under this section
without the concurrence of that Government.
39F. Where a vacancy occurs on account of resignation, death or otherwise
in the office of a member of the State Marketing Board, the vacancy shall be filled
as soon as possible by nomination by the State Government of other person belong-
ing to the category from which the former member was nominated, and the member
so nominated shall hold office so long only as the member in whose place he is
nominated would held it if the vacancy had not occured.
39G. (1) During any vacancy in the State Marketing Board the continuing
members may act as if no vacancy had occurred.
(2) The State Marketing Board shall have power to act, notwithstanding
any vacancy in the membership or any defect in the constitution thereof; and such
proceedings thereof shall be valid notwithstanding that it is discovered subsequently
that some person who was not entitled to do so sat and voted or otherwise took part
in the proceedings.
39H. A member of the State Marketing Board may resign his office by writing
under his hand addressed to the Managing Director; and the resignation shall take
effect from the date it is accepted.
39I. The members of the State Marketing Board, holding membership under
clauses (v) to (viii) of section 39B shall be paid from the Agricultural Marketing
Development Fund, such fees and allowances as may be fixed by the State Govern-
ment from time to time, for attending its meeting and for attending to any other work,
assigned to them by the State Marketing Board.
39J. Subject to the provisions of this Act, the Board shall perform the
following functions and shall have power to do such things as may be necessary or
expedient for carrying out these functions, namely :––
(i) to co-ordinate the functioning of the Market Committee including
programmes undertaken by such Market Committees for the development of
markets and market areas;
Casual
vacancies.
Member not
disqualifiled
from contes-
ting elec-
tions or as
members
of State
Legislature
or local
authorities.
Term of
office of
members.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Members to
act during
vacancy; act
etc., of State
Marketing
Board, etc.,
not to be in-
validated by
informalities.
Resignation
of members.
Allowances
of members.
Functions
and
powers of
State
Marketing
Board.
(ii) to undertake State-level planning of the development of agricultural
produce markets;
(iii) to maintain and administer the Agricultural Marketing Development
Fund;
(iv) to give advice to Market Committee in general or any Market
Commiittee in particular with a view to ensuring improvement in the functioning
thereof;
(v) to supervise and guide the Market Committee in the preparation of
plans and estimates of construction programme undertaken by the Market
Committee;
(vi) to make necessary arrangements for propaganda and publicity on
matters relating to marketing of agricultural produce;
(vii) to grant subventions or loans to Market Committees for the purposes
of this Act on such terms and conditions as it may determine;
(viii) to arrange or organise seminars, workshop or exhibitions or subject
relating to agricultural marketing;
1[(viii a) to arrange for training to the members as well as to the employees
of the Market Committee;]
(ix) to do such other things as may be of general interest relating to
marketing of agricultural produce;
(x) to carry out any other function specifically entrusted to it by this Act;
(xi) to carry out such other functions of like nature as may be entrusted to
it by the State Government.
39K. (1) The State Marketing Board may, with the previous approval of
the State Government, make regulations, not inconsistent with this Act and rules
made thereunder, for the administration of its affairs.
(2) In particular and without prejudice to the generality of the foregoing power,
such regulations may provide for all or any of the following matters, namely :––
(a) the summoning and holding of meetings of the State Marketing Board,
the time and date when such meetings are to be held, the conduct of business at
such meetings and the number of persons necessary to form a quorum thereat;
(b) the powers and duties, the salaries and allowances and other conditions
of service of officers and other employees of the State Marketing Board;
(c) the management of the properties of the State Marketing Board;
(d) the maintenance of accounts and the preparation of balance sheet and
other financial statements;
(e) any other matter for which provision is to be or may be required to be
made in the regulations for carrying out the functions of the State Marketing Board
under this Act.
39L. (1) A fund to be called “the Agricultural Marketing Development Fund”
is hereby established, which shall be maintained and administered by the State
Marketing Board.
1 Clause (viii a) was inserted by Mah. 11 of 2003, s. 16.
Regulations.
Establish-
ment
and admini-
stration of
Agricultural
Marketing
Develop-
ment Fund.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(2) The following shall form part of, or be paid into, the Agricultural Market-
ing Development Fund (hereinafter called “the Development Fund”), namely :––
(a) all contributions received by the State Marketing Board from the Market
Committee under sub-section (2) of section 37;
(b) all contributions, grants or loans made or sanctioned to the State
Marketing Board by the State Government;
(c) any sums borrowed by the State Marketing Board, with the permission
of the State Government;
(d) all income or moneys received by the State Marketing Board from any
other source whatsoever, including income from fees or charges levied by it or
donations or grants received from any local authorities, market committees or
other institutions and individuals;
(e) such other sums as the State Government may, from time to time, specify.
(3) All expenditure incurred by the State Marketing Board shall, from time to
time, be met out of the Development Fund and the surplus, if any, shall be invested
by the State Marketing Board in public securities or shall be deposited in any
scheduled bank as defined in the Reserve Bank of India Act, 1934, or in a
co-operative bank approved by the State Government for this purpose.
39M. Subject to such conditions as may be prescribed, the State Marketing
Board may, for the purpose of providing itself with adequate resources, borrow
money in the open market by issue of guaranteed or unguaranteed bonds, deben-
tures, stocks or otherwise, or borrow money from any scheduled banks, or from
such other banks or financial institutions as are approved, from time to time, by the
State Government.
39N. (1) The State Marketing Board may utilize the Development Fund for
discharge of its functions under this Act.
(2) Without prejudice to the generality of the foregoing provision, the
State Marketing Board may utilize the Development Fund for the following purposes,
namely :–
(i) payment of administrative expenditure of the State Marketing Board;
(ii) payment of travelling and other allowances to its members;
(iii) payment of legal expenses incurred;
(iv) financial assistance to Market Committees in the form of loan or grant
for acquisition of land for establishment of market yard or for constructing
infrastructure facilities in the market area;
(v) propaganda and publicity on matters relating to marketing of agricultural
produce;
(vi) training of officers and staff of the Market Committee and the State
Marketing Board;
(vii) imparting education in marketing of agricultural produce;
Power of
State
Market-
ing Board
to borrow.
II of
1934.
Utilisation
of the
Develop-
ment
Fund.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(viii) organising or arranging workshops, seminars or exhibitions or
development of marketing of agricultural produce;
(ix) general improvements of the regulation of marketing in the State;
(x) providing technical and legal assistance to the Market Committees;
(xi) any other purposes necessary for execution of the functions assigned
to the State Marketing Board under this Act or as directed by the State Government.
39-O. (1) The accounts of the State Marketing Board shall be audited
annually by auditors of the Co-operation Department of the State Government on
payment of such audit fees as may be fixed, from time to time, by the Registrar of
Co-operative Societies.
(2) The State Marketing Board may make arrangements for internal audit of
its accounts, as it may deem fit.]
CHAPTER VIII
CONTROL
40. (1) The Director or any officer authorised by him by general or special
order in this behalf, may,––
(a) inspect or cause to be inspected the accounts and offices of a Market
Committee;
(b) hold inquiry into the affairs of a Market Committee;
(c) call for any return, statement, accounts or report which he may think fit
to require such Committee to furnish;
(d) require a Committee to take into consideration,––
(i) any objection which appears to him to exist to the doing of anything
which is about to be done or is being done by or on behalf of such
Committee; or
(ii) any information he is able to furnish and which appears to him to
necessitate the doing of a certain thing by such Committee, and to make a
written reply to him within a reasonable time stating its reasons for doing, or not
doing such thing;
(e) direct that anything which is about to be done or is being done should
not be done, pending consideration of the reply and anything which should be
done but is not being done within such time as he may direct.
41. (1) When the affairs of a Market Committee are investigated under
section 40 or the proceedings of such Committee are examined under section 43,
all officers, servants and members of such Committee shall furnish such information
in their possession in regard to the affairs or proceedings of the Committee as the
Director, officer authorised or, as the case may be, State Government may require.
Audit of
accounts.
Inspection,
inquiry,
submission
of state-
ments, etc.
Duty of
officers and
members to
furnish
information
to Director,
authorised
officers
and State
Government.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(2) An officer investigating the affairs of a Market Committee under section
40 or the State Government examining the proceedings of such Committee under
section 43 shall have the power to summon and enforce the attendance of officers
or members of the 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 in the case of a Civil Court by the Code of Civil Procedure, 1908.
1[41A. (1) The Director may, on his own motion, or on report or complaint
received by him, by order, prohibit the execution of a resolution passed or order
made by the Committee or its Chairman or Vice-Chairman or any of its officer or
servants of the Market Committee, if he is of the opinion that such resolution or order
is prejudicial to the public interest or is likely to hinder efficient running of the business
in any market area, principal market yard or sub-market yard or is against the
provision of this Act or the rules or bye-laws made thereunder.
(2) Where the execution or further execution of a resolution or order is pro-
hibited by an order made under sub-section (1) and continuing in force, it shall be
the duty of the Committee, if so required by the Director, to take any action which
the Market Committee would have been entitled to take, if the resolution or order
had never been passed or made and which is necessary for preventing the Chairman
or Vice-Chairman or any of its officers or servants from doing or continuing to do
anything under such resolution or order.]
42. Where the Director has reason to believe that the books and records of
a Market Committee are likely to be tampered with or destroyed or the funds or
property of a Market Committee are likely to be misappropriated or misapplied, the
Director may issue an order directing a person duly authorised by him in writing to
seize and take possession of such books and records, funds and property of the
Market Committee and the officer or officers of the Market Committee responsible
for the custody of such books, records, funds and property, shall give delivery
thereof to the person so authorised.
2[43. The State Government may at any time call for and examine the
proceedings of any Market Committee or of the Director, and the Director may,
at any time call for and examine the proceedings of any Market Committee or an
officer empowered to exercise the powers of the Market Committee or of the Director
for the purpose of satisfying itself or himself, as the case may be, as to the legality
or propriety of any decision or order passed by the Market Committee, Director or
the officer, as the case may be, under this Act. If in any case, it appears to the State
Government or the Director that any decision or order or proceeding so called for
should be modified, anulled or reversed, the State Government or the Director may
pass such order thereon as it or he may think fit].
1 Section 41A was inserted by Mah. 27 of 1987, s. 25.
2 Section 43 was substituted by Mah. 27 of 1987, s. 26.
Powers of
the Director
to prohibit
execution
of resolu-
tion passed
or order
made by
Committee,
etc.
Seizure of
account
books and
other
documents.
Power of
State
Govern-
ment or
Director to
call for
proceed-
ings of
Market
Committee,
etc., and to
pass orders
thereon.
V of
1908.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
44. (1) Where the State Government is satisfied that for securing efficient
regulation of marketing of any agricultural produce in any market area 1[and for
ensuring the economic viability of the Market Committee], it is necessary that two or
more Market Committees therein should be amalgamated or any Market Committee
therein should be devided into two or more Market Committees, then the State
Government may, after consulting the Market Committees or Committee, as the case
may be, 2[and the 3[State Marketing Board] ] by notification in the Official Gazette,
provide for the amalgamation or division of such Market Committees into a single
Market Committee or into two or more Market Committees, for the market area in
respect of the agricultural produce specified in the notifications with such constitution,
property, rights, interest and authorities and such liabilities, duties and obligations
including provision in respect of contracts, assets, employees, proceedings and such
incidental, consequential and supplementary matters as may be necessary to give
effect to such amalgamation or as the case may be, the division) as may be specified
in the notification.
(2) Where more Market Committees than one established in any market area
under sub-section (1), the State Government may, notwithstanding anything contained
in this Act, issue general or special directions as to which of the Market Committees
shall exercise the powers, perform the duties and discharge the functions of the
Market Committee under this Act, in which they are jointly interested or which are
of a common nature.
(3) Where any directions are issued under sub-section (2), the cost incurred
by a Market Committee in pursuance of the directions shall be shared by the other
Market Committees concerned in such proportion as may be agreed upon, or, in
default of agreement, as may be determined by the State Government or such officer
as that Government may direct in this behalf. The decision of the State Government
or such officer shall be final.
45. (1) If, in the opinion of the State Government, a Market Committee or
any member thereof, is not, competent to perform or persistently makes default
in performing the duties imposed on it or him by or under this Act, or abuses its or
his powers or wilfully disregards any instructions issued by the State Government
or any officer duly authorised by it in this behalf arising out of audit of accounts of
the Market Committee or inspection of the office and work thereof, the State
Government may, after giving the Committee or member, as the case may be, an
opportunity of rendering an explanation 4[by an order in writing, with reasons there-
for], supersede such Market Committee, or remove the member, as the case may be;
and where a member is removed, the State Government shall appoint any person as
a member of such Committee in his place for the remainder of his term of office :
1 These words were inserted by Mah. 11 of 2003, s. 17.
2 These words were inserted by Mah. 2 of 1972, s. 8.
3 These words were substituted for the portion beginning with the words “Federation of Market Committees”
and ending with the words “Federal Body of Market Committees” by Mah. 27 of 1987, s. 27.
4 These words were substituted for the words “by notification in the Official Gazette, with reasons therefor”
by Mah. 10 of 2008, s. 6 (a).
Amalgam-
ation or
division of
Market
Committees.
Superse-
ssion of
Market
Committee,
etc.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1[Provided that, no Market Committee shall be superseded without the 2[State
Marketing Board] referred to in section 44 being previously consulted.]
(2) 3[On issuing of an order] under sub-section (1), superseding a Market
Committee, the following consequences shall ensue, that is to say––
(a) all members of the Market Committee shall as 4[from the date of such
order] be deemed to have vacated their office;
(b) all the property vesting in the Market Committee shall, subject to all its
liabilities, vest in the State Government;
5[(c) the State Government may, by order, either constitute a new Market
Committee in accordance with the provisions of Chapter III or appoint an
Administrator or the Board of Administrators to carry out the functions of the
Market Committee as it thinks fit :]
6[Provided that, 7[the Administrator or the Board of Administrators appointed]
under clause (c) for carrying out of the functions of the Market Committee shall,
within the period of six months from assuming the charge ensure that the elections to
the Market Committee are held within that period. 8[If the Administrator or the
Board of Administrators] fails to hold the elections within the said period, the
Director may, after satisfying himself about proper justification for not holding
elections, grant extension of not more than six months, for enabling the
9[Administrator or the Board of Administrators] to hold such election].
10[(2A) The member of the Committee, who has been removed under
sub-section (1) shall not be eligible for being re-elected, re-appointed, re-nominated,
co-opted or re-co-opted as a member of the Committee, till the expiry of a period
of six years from the date of the order by which he has been so removed.]
(3) If the State Government makes an order under clause (c) of 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 aforesaid or to the
person or persons, if any, appointed for the carrying out of the functions of the
Market Committee, as the case may be.
(4) If the State Government does not make such an order, it shall transfer all
the assets of the Market Committee which remain after the satisfaction of all its
liabilities, to a local authority within whose jurisdiction the Market Committee is
situated and if there are more than one such local authorities, to each of such local
authorities, such portion of the property as the State Government may decide.
1 This proviso was added by Mah. 2 of 1972, s. 9.
2 These words were substituted for the words “Federation of Market Committees” by Mah. 27 of 1987,
s. 28.
3 These words were substituted for the words “Upon the publication of a notification” by Mah. 10 of 2008,
s. 6(b)(i).
4 These words were substituted for the words “from the date of such publication” by Mah. 10 of 2008,
s. 6(b)(ii).
5 This clause was substituted by Mah. 10 of 2008, s. 6(b)(iii).
6 This proviso was added by Mah. 11 of 2003, s. 18.
7 These words were substituted for the words “person appointed as an administrator” by Mah. 10 of 2008,
s. 6(b)(iv)(A).
8 These words were substituted for the words “If such person” by Mah. 10 of 2008, s. 6(b)(iv)(B).
9 These words were substituted for the words “Administrator” by Mah. 10 of 2008, s. 6(b)(iv)(C).
10 This sub-section was inserted by Mah. 10 of 2008, s. 6(c).
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(5) The local authority to which the assets of a Market Committee are
transferred under sub-section (4) shall utilise such assets for such objects in the area
within its jurisdiction as the State Government considers to be for the benefit of
the agriculturists in that area.
CHAPTER IX
PENALTIES
46. Whoever in contravention of the provisions of sub-section (1) of section
6 uses any place in the market area for marketing of any agricultural produce, or
operates as a trader, commission agent, broker, processor, weighman, measurer,
surveyor, warehouseman or in any other capacity, without a valid licence, shall, on
conviction, be punished with imprisonment for a term which may extend to six months
or with fine which may extend to 1[five thousand rupees] or with both; and in the case
of a continuing contravention with a further fine which may in the case of contraven-
tion of clause (a) of sub-section (1) of section 6 extend to one hundred rupees; and
in any other case, to fifty rupees per day, during which the contravention is continued
after the first conviction.
2[46A. Whoever in contravention of the provisions of section 5G uses
E-trading platform for marketing of any agricultural produce, or operates as a trader
or in any other capacity, without a valid licence, shall, on conviction, be punished
with imprisonment for a term which may extend to six months or with fine which
shall not be less than five thousand rupees which may extend to one lakh rupees or
with both; and in the case of a continuing contravention with a further fine which
may in the case of contravention of section 5G extend to five hundred rupees; and
in any other case, to three hundred rupees per day, during which the contravention
is continued after the first conviction.]
47. If the outgoing Chairman or Vice-Chairman to whom a direction has been
issued under sub-section (2) of section 26 does not, except for reasons beyond his
control, comply with such direction, he shall, on conviction, be punished with simple
imprisonment for a term which may extend to one month or with fine which may
extend to five hundred rupees, or with both.
48. Whoever in contravention of the provisions of section 39 makes or recov-
ers any trade allowance shall, on conviction, be punished with imprisonment for a
term which may extend to three months or with fine which may extend to five
hundred rupees or with both.
49. Whoever obstructs any officer in carrying out the inspection of accounts
or holding an inquiry into the officeses of a Committee or fails to obey any order
made under clause (a), (c), (d), or (e) of section 40 shall, on conviction, be punished
with fine which may extend to two hundred rupees for every day during which the
offence continues.
50. If any officer, servant or member of a Market Committee, when required
to furnish information in regard to the affairs or proceedings of a Market Committee
under section 40 or section 43––
(a) wilfully neglects or refuses to furnish any information, or
(b) wilfully furnishes false information,
he shall, on conviction, be punished with fine which may extend to five hundred
rupees.
51. Whoever in contravention of the provisions of section 42 obstructs any
person in seizing or taking possession of any books, records, funds and property of
the Market Committee or fails to give delivery thereof to such person shall, on
conviction, be punished with fine which may extend to two hundred rupees.
Penalty for
contraven-
tion of
section 6.
Penalty for
not comply-
ing with
directions
under
section 26(2).
Penalty for
contraven-
tion of
section 42.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1 These words were substituted for the words “five hundred rupees” by Mah. 11 of 2003, s. 19.
2 Section 46A was inserted by Mah. 51 of 2018, s. 5.
Penalty for
contraven-
tion of
provisions
relating to
E-trading.
Penalty for
making or
recovering
trade
allowance.
Penalty for
failure to
obey order
under
section 40.
Penalty for
contraven-
ing
provisions
of section
40 or 43.
52. Whoever contravenes any provision of this Act or any rule or bye-law
thereunder shall, if no other penalty is provided for the offence, be punished with fine
which may extend to 1[five thousand rupees].
2[52A. (1) The Market Committee may accept from any person who has
committed or is reasonably suspected of having committed an offence (other than
contravention of sections 6 and 7) against this Act or the rules or bye-laws made
thereunder by way of compounding of such offence––
(a) where the offence consists of the failure to pay or the evasion of any
fee or other amount recoverable under this Act or the rule or the bye-laws made
thereunder, in addition to the fee or other amount so recoverable, a sum of money
being not less than the amount of such fee or other amount and not more than
five times such amount of fee or other amount with a minimum of two hundred
and fifty rupees; and
(b) in any other case, a sum of money not exceeding one thousand rupees.
3[(1A)] The Director may accept from any person who has committeed or is
reasonably suspected of having committed an offence in contravention of section 6
or the rules or bye-laws made thereunder a sum of money not exceeding rupees ten
thousand by way of compounding such offence. The amount so accepted shall be
credited with the Government Treasury. When an offence has been compounded, the
offender, if in the custody, shall be discharged and no further proceedings shall be
taken against him in respect of the offence compounded.]
(2) On the compounding of any offence under sub-section (1), no proceeding
shall be taken or continued against the person concerned in respect of such offence
and if any proceedings in respect of that offence have already been instituted against
him in any Court, the compounding shall have the effect of his acquittal.
52B. (1) Save as otherwise provided elsewhere in this Act, any person
aggrieved by a decision taken or order passed under any of the provisions of this Act
may prefer an appeal––
(a) to the Director where such decision is taken or order is passed by the
Market Committee, its Chairman, Vice-Chairman, Secretary or any other officer
empowered to exercise the powers of the Director,
(b) to the State Government, where such decision is taken or order is
passed by the Director.
(2) An appeal under sub-section (1) shall be made within a period of thirty
days from the date of the decision or order appealed against.
(3) The order passed in the appeal by the Director or the State Government
as the case may be shall be final.]
1 These words were substituted for the words “two hundred rupees” by Mah. 11 of 2003, s. 20.
2 Sections 52A and 52B were inserted by Mah. 27 of 1987, s. 29.
3 This sub-section was inserted by Mah. 11 of 2003, s. 21.
General
provisions
for punish-
ment of
offences.
Compound-
ing of
offence.
Appeal.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
CHAPTER X
MISCELLANEOUS
53. Every member of a Market Committee shall be personally liable for the
wilful misapplication of any funds to which he had been a party or which has hap-
pened through, or has been facilitated by gross neglect of his duty as a member, and
may be sued for the recovery of the monies so misapplied as if such monies had been
the property of the State Government :
Provided that, no member shall be personally liable in respect of any contract
or agreement made or for any expenses incurred by or on behalf of the Market
Committee, if the contract or agreement is made, or the expenses are incurred in
good faith and in the due discharge of his duties; and the Market Fund shall be liable
for, and be charged with all costs in respect of any contract or agreement and all such
expenses.
54. The Chairman, the Vice-Chairman, the members, the Secretary and other
officers and servants of a Market shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code.
55. (1) No suit shall be instituted against any Market Committee or any
member, officer or servant thereof or any person acting under the direction of any
such Market Committee member, officer or servant for anything done or purported
to be done, in good faith as such member, officer or servant 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 he claims, has
been in the case of Market Committee, delivered or left at its office, and in case of
any such member, officer, servant or person as aforesaid, delivered to him or left at
his officer or usual place of residence, and the plaint shall contain a statement that
such notice has been so delivered or left.
(2) Every such suit shall be dismissed unless it is instituted within six months
from the date of the accrual of the alleged cause of action.
(3) Nothing in this section shall be deemed to apply to any suit instituted under
section 54 of the *Specific Relief Act, 1877.
56. (1) No offence under this Act, or any rule or bye-law made thereunder
shall be tried by a Court other than that of a Presidency Magistrate or a Magistrate
of the First Class or a Magistrate of the Second Class specially empowered in this
behalf.
* See now the Specific Relief Act, 1963 (47 of 1963).
Members to
be held
responsible
for misap-
plied funds.
XLV of
1860.
1 of
1877.
Chairman,
Vice-
Chairman,
members,
Secretary
and
servants of
Market
Committee
to be public
servants.
Bar of suit
in absence
of notice.
Trial of
offence.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(2) No prosecution under this Act shall be instituted except by the Director
or any officer authorised by him in that behalf or by the Secretary or any other person
duly authorised by the Market Committee in that behalf.
(3) No Court shall take cognizance of any offence under this Act or any rule
or order made thereunder, unless complaint thereof is made within six months from
the date on which the alleged commission of the offence came to the knowledge of
the officer or person referred to in sub-section (2).
57. (1) Every sum due from a Market Committee to the State Government
1[or the State Marketing Board] shall be recoverable as an arrear of land revenue.
(2) Any sum due to a Market Committee on account of any charge, costs,
expenses, fees, rent or on any other account under the provisions of this Act or any
rule or bye-law made thereunder 2[or any sum due to an agriculturist for 3[any
agricultural produce] sold by him in the market area which is not paid to him 4[as
provided by or under this Act] shall be recoverable from the persons from whom
such sum is due, in the same manner as an arrear of land revenue.
(3) If any question arises whether a sum is due to the Market Committee 5[or
any agriculturist within the meaning of sub-section (2),] it shall be referred to a
Tribunal constituted for the purpose which shall after making such enquiry as it may
deem fit, and after giving to the person from whom it is alleged to be due an
opportunity of being heard, decide the question; and the decision of the Tribunal shall
be final and shall not be called in question in any court or other authority.
6[(4) The State Government may constitute one or more Tribunals consisting
of the Collector who has jurisdiction over the market area :
Provided that, the State Government may, if in its opinion it is necessary so to
do in any case constitute a Tribunal consisting of one person other than the Collector
(possessing the prescribed qualifications) who is not connected with the market
Committee or with the person from whom the sum is alleged to be due.]
7[(5) Except as otherwise directed by the Tribunal in the circumstances of any
case, the expenses of the Tribunal shall ordinarily be borne by the party against whom
a decision is given.]
1 These words were inserted by Mah. 10 of 2008, s. 7.
2 These words were inserted by Mah. 32 of 1970, s. 11 (a).
3 These words were subsituted for the words “declared agricultural produce” by Mah. 2 of 1972, s. 10 (1)(a).
4 These words were substituted for the words “within the period prescribed in that behalf” by Mah. 2
of 1972, s. 10 (1)(b).
5 These words were inserted by Mah. 32 of 1970, s. 11 (b).
6 Sub-section (4) was substitued for the original sub-section (4) by Mah. 32 of 1970, s. 11 (c).
7 Sub-section (5) was substitued for the original sub-section (5) by Mah. 2 of 1972, s. 10 (2).
Recovery
of sums
due to
Govern-
ment or
Market
Committee.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
58. The State Government may, by notification in the Official Gazette, and
subject to such conditions, if any, as it may think fit to impose, delegate all or any
of the powers conferred 1[upon it to the Director or any other officer or person; and
delegate any powers of the Director, to any other officer or person, specified in the
notification.]
59. The State Government may, by a general or special order, in the Official
Gazette, exempt any Market Committee or any class of persons from any of the
provisions of this Act or any rules made thereunder, or may direct that such provision
shall apply to such Market Committee or to such class of persons with such
modifications not affecting the substance thereof as may be specified in that order :
Provided that, no order to the prejudice of any Market Committee shall be
passed without an opportunity being given to such Market Committee to represent
its case.
2[59A. 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 to any officers of the Market Committee authorised by it in this behalf,
relating to the import and export of agricultural produce into and out of the area of
the local authority, free of any charges.
It shall also be the duty of every local authority and its officers and staff,
concerned with the collection of octroi, to give all the possible assistance to any
officer of the Market Committee in exercising his powers and discharging his duties
under this Act.
59B. It shall be the duty of every police officer to communicate, as soon as
may be, to the Market Committee, any information which he receives regarding any
attempt to commit or the commission of any offence against this Act or any rules or
bye-laws made thereunder and to assist the Secretary or any officer or servant of the
Market Committee demanding his aid in the exercise of his lawful authority.]
60. (1) The State Government may, by notification in the Official Gazette,
make rules for carrying into effect the purposes of this Act.
(2) In particular, but without prejudice to the generality of the foregoing
provision, the State Government may make rules,––
(a) under section 4, for prescribing the manner of holding an inquiry;
3[(a-1) under section 5D, for prescribing the terms and conditions and
the manner of licensing, management, marketing, trading and any other matters,
relating to markets established under that section;]
Duty of
Police
Officer.
Power of
State
Government
to delegate
powers.
Power to
exempt
Market
Committee,
etc., from
provisions
of Act.
Duty of
local
authorities
to give
information
and
assistance
to Market
Committee.
Rules.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1 These words were substituted for the words “upon it or on the Director or any other officer or person
specified in the notification” by Mah. 32 of 1970, s. 12.
2 Sections 59A and 59B were inserted by Mah. 27 of 1987, s. 30.
3 This clause was inserted by Mah. 48 of 2005, s. 12.
1[(a-2) under section 5E, for prescribing the officer with whom and the
manner in which the Contract Farming Sponsor shall register himself, for
prescribing the form of Contract Farming Agreement and the officer with whom
the Contract Farming Sponsor shall get such agreement recorded, for
prescribing the settlement authority to whom the dispute arising out of any
Contract Farming Agreement shall be referred, and for prescribing the Appellate
Authority to whom the appeal against the decision of the settlement authority
shall be preferred;]
2[(a-3) under section 5F, for prescribing the manner in which the State
Government or Government Agencies may establish and run E-trading platform
for trading in the agricultural produce;
(a-4) under section 5G,-
(i) for prescribing the form and manner along with fee, security or
bank guarantee and conditions for applying licences to establish and run
E-trading platform and for its renewal;
(ii) for prescribing the infrastructure and services connected with
E-trading which shall be provided for the purposes of E-trading;
(a-5) under section 5H, for prescribing the form and manner for
integration of licence holder to link to E-platform of the Government of India;
(a-6) under section 5J, for prescribing the manner of making payment to
the seller traded on E-trading platform and maintenance of accounts;]
(b) under section 7, subject to which licences may be granted, renewed or
refused; and for prescribing the form, period and the terms, conditions and
restrictions (including provision for prohibiting brokers and commission agents
from acting in any transaction both as a buyer or seller or on behalf of both the
buyer and seller, and for prescribing the manner in which and the places at which
auction of agricultural produce shall be conducted and the bids made and
accepted and the places at which weighment and delivery of agricultural produce
shall be made in any market or market area) and the maximum fees for licences;
3[(b-1) under section 7, under sub-section (4), for prescribing the
authority who shall grant certificate of registration for trading on Electronic
trading platform, the form of online application for obtaining such certificate of
registration, the form of certificate of registration;]
(c) under section 10, for 4[prescribing the number and qualifications of
persons] of the Board, the manner in which it shall be constituted and shall conduct
the business for settling disputes (including provision for appointment of arbitrators,
payment of fees and appeal, 5[for consulting technical persons, for laboratory
analysis] as provided by that section);
6[(c-1) under section 12, for prescribing the guidelines for classification
of the Market Committees;]
(d) under section 14, for prescribing the manner in which members may be
elected including all matters referred to in that section;
(e) under section 20, prescribing the period for which a Chairman or a Vice-
Chairman shall hold office;
7[(e-1) under section 21A, for prescribing the limit of the total amount
of honorarium to be paid to the Chairman and Vice-Chairman of the Market
Committee;]
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
1 This clause was inserted by Mah. 25 of 2006, s. 4.
2 These clauses were inserted by Mah. 51 of 2018, s. 6 (a).
3 This clause was inserted by Mah. 51 of 2018, s. 6 (b).
4 These words were substituted for the words “prescribing the number of members” by Mah. 39 of 1973,
s. 3 (1).
5 These words were inserted by Mah. 39 of 1973, s. 3 (2).
6 This clause was inserted by Mah. 11 of 2003, s. 22 (a).
7 This clause was inserted by Mah. 10 of 1984, s. 10 (a).
1[(e-2) under section 27A, for prescribing the other business which may
be transacted in the general meeting of the Market Committee;]
( f ) under section 29, sub-section (2), under clause (j), for prescribing
grading and standardisation of agricultural produce and under clause (l) for
prescribing other duties to be performed by Market Committee;
(g) under section 34, prescribing the time within which an appeal shall
be made;
(h) under sub-section (3) of section 35, subject to which the powers
conferred by that section on a Market Committee shall be exercised;
(i) under section 36, for prescribing the manner in which the amount to the
credit of a Market Fund shall be kept or invested;
( j) under section 37, prescribing other functions of a Market Committee;
(k) under section 38, for matters referred to in that section;
2[(k-1) under section 39M, for prescribing the conditions subject to
which the State Marketing Board shall have power to borrow;]
(l) under section 57, under sub-section (4), prescribing the qualifications of
a person who shall constitute a Tribunal under that section;
(m) for the periodical inspection of all weights and measures and weighing
and measuring instruments in use in a market area;
(n) prescribing the manner of control and supervision to be exercised by
the Market Committee over Inspectors appointed under the Bombay Weights and
Measures (Enforcement) Act, 1958;
(o) for storing any agricultural produce brought into the market area;
(p) for preparing plans and estimates for works proposed to be constructed
partly or wholy at the expenses of the Market Committee, and the grant of
sanction to such plans and estimates;
(q) for the manner in which the enquiry and inspection of the Market
Committee shall be held;
(r) prescribing the persons by whom and the form in which copies of
documents or entries in the books of the Market Committee, may be certified and
the fees to be charged for the supply of such copies;
1 This clause was inserted by Mah. 11 of 2003, s. 22 (b).
2 This clause was inserted by Mah. 10 of 1984, s. 10 (b).
Bom. LXIX
of 1958.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(s) for the keeping of a list of prices of agricultural produce in respect of
which the Market Committee is established;
(t) prescribing the matters in respect of which a Market Committee may
make or the Director may direct the Market Committee to make bye-laws and the
procedure to be followed in making, altering and abrogating bye-laws and the
conditions to be satisfied prior to such making, alteration or abrogation;
1[(u) for any other matter which is to be or may be prescribed.]
(3) The rules to be made under this section shall be subject to the condition
of previous publication.
2[(3A) Any rule made under this section may provide that if any purchaser
fails to make the payment forthwith as required by sub-section (6) of section 30A,
he shall be liable to pay interest from the date of sale to the date of payment at such
rate as may be provided in such rule, such rate not being in excess of the maximum
rate of interest fixed for unsecured loans under the * Bombay Money-lenders Act,
1946. If no payment is made within 30 days from the date on which the agricultural
produce is sold, it shall be recoverable by the Market Committee from the purchaser
under section 57.]
(4) Every rule made under this section shall be laid, as soon as may be after
if is made, before each House of the State Legislature while it is in session for a total
period of thirty 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, both Houses agree in making modification in the rule or both
Houses agree that the rule should not be made, the rule shall from the date of
publication of a notification in the Official Gazette of such decision have effect only
in such modified form or be of no effect, as the case may be; so however that any
such modification or annulment shall be without prejudice to the validity of anything
previously done or ommitted to be done under that rule.
61. (1) Subject to any rules made by the State Government under section
60 and with the previous sanction of the Director or any other officer specially
empowered in this behalf by the State Government, the Market Committee may in
respect of the market area under its management make bye-laws for determining the
quantity of agricultural produce for the purpose of its retail sale for the regulation of
the business (including meeting, quorum and procedure of the Market Committee),
and the conditions of trading in the market area, including provision for refund of any
fees levied under this Act.
1 Clause (u) was added by Mah. 2 of 1972, s. 11 (1).
2 Sub-section (3A) was inserted by Mah. 2 of 1972, s. 11 (2).
* Repealed by the Maharashtra Money-Landing (Regulation) Act, 2014 (Mah. VIII of 2014) by s. 56 (1).
Bom. XXXI
of 1947.
Bye-laws.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(2) Any bye-law made under this section may provide that any contravention
thereof shall, on conviction, be punished with fine which may extend to one hundred
rupees.
1[61A. (1) If it appears to the Director that it is necessary or expedient in
the interest of a market or Market Committee to make any bye-law or to amend any
bye-law, he may, by order, require the Market Committee concerned to make the
bye-law or to amend the bye-law within such time as he may specify in such order.
(2) If the Market Committee fails to make such bye-law or such amendment
of the bye-law within the time specified, the Director may, after giving the Market
Committee a resonable opportunity of being heard, by an order, make such bye-law
or such amendment of the bye-law and thereupon subject to any order under sub-
section (3), such bye-law or such amendment of the bye-law shall be deemed to
have been made or amended by the Market Committee in accordance with the
provisions of this Act or the rules made thereunder and thereupon such bye-law or
amendment of bye-law shall be binding on the Market Committee and all concerned.
(3) An appeal shall lie to the State Government from any order of the Director
under sub-section (2) within thirty days from the date of such order and the decision
of the State Government on such appeal shall be final.]
62. The State Government may after consulting the Market Committee
concerned by notification in the Official Gazette, add to, amend or cancel any of
the items of agricultural produce specified in the Schedule.
63. Nothing contained in the Markets and Fairs Act, 1862, or in any law for
the time being in force relating to the establishment, maintenance or regulation of a
market shall apply to any market area or any market therein or affect in any way the
powers of a Market Committee or the right of a holder of a licence granted under
this Act.
64. (1) On the commencement of this Act, the Bombay Agricultural Pro-
duce Market Act, 1939, the Central Provinces and Berar Cotton Market Act, 1932,
the Central Provinces and Berar Agricultural Produce Market Act, 1935 and the
Hyderabad Agricultural Market Act, 1939 Fasli, shall stand repealed :
Provided that, the repeal shall not affect the previous operation of any enact-
ment so repealed and anything done or action taken (including andy appointment,
delegation or declaration made, notification, order, rule, directions or notice issued,
bye-law framed, Market Committees established, licences 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 correspond-
ing provisions of this Act, and shall continue in force unless and until superseded by
anything done or any action taken under this Act.
1 Section 61A was inserted by Mah. 27 of 1987, s. 31.
Powers of
Director to
direct
making or
amending
bye-laws.
Power of
State
Government
to amend
Schedule.
Savings.
Repeal and
savings.
Bom. IV of
1862.
Bom. XXII
of 1939.
C. P.
and Berar
IX of 1932.
C. P. and
Berar
XXIX of
1935.
Hyd. II of
1939F.
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
(2) Accordingly, any area or place declared to be a market area or any place
or market declared to be a market under any enactment so repealed shall, on the
commencement of this Act, be deemed to be the market area or market declared
under this Act, the Market Committee established or constituted for the said market
area or market and functioning immediately prior to such commencement shall be
deemed, notwithstanding anything contained in this Act, to be the Market Committee
constituted under this Act, for such market area, and where it is so declared or
notified also for the agricultural produce specified in the declaration or notification
and all the members of such Committees shall be deemed to be members nominated
by the State Government under sub-section (2) of section 13.
(3) Any reference to any enactment repealed as aforesaid or to any provisions
thereof or to any officer, authority or person entrusted with any functions thereunder,
in any law for the time being in force or in any instrument or document shall be
construed, where necessary, as a reference to this Act or its relevant provisions or
person functioning under this Act, and the corresponding officer, authority or person,
as the case may be, shall have and exercise the functions under such law, instrument
or document.
(4) The mention of particular matters in this section shall not affect the general
application to this Act of section 7 of the Bombay General Clauses Act, 1904
(which relates to the effect of repeals).
65. Where before the commencement of this Act, any area comprised in any
market area was excluded from such market area under section 4 of the Bombay
Agricultural Produce Market Act, 1939 and the area so excluded was declared as
a separate market area under the said section 4 and a separate Market Committee
was constituted therefor, and both the Market Committee continue to function
immediately after such commencement and the assets, rights and liabilities of the
separate Market Committee are not yet determined, then the State Government
may, by notification in the Official Gazette, after consulting the Market Committee
concerned, provide for the transfer of the assets, rights and liabilities of the Market
Committee in relation to the area so excluded (including the rights and liabilities under
any contract made by it) to the separate Market Committee on such terms and
conditions as may be specified in such notification.
66. If any difficulty arises in giving effect to the provisions of this Act, the State
Government may as occasion requires, by order do anything which appears to it to
be necessary for the purpose of removing the difficulty.
Bom. I of
1904.
Bom. XXII
of 1939.
Power to
State
Govern-
ment to
transfer
assets, etc.
in cases of
Market
Committees
constituted
for ex-
cluded
areas under
Bom. XXII
of 1939.
Removal of
difficulties.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
The short title of the Act has been amended as “the Maharashtra General Clauses Act” by Mah. 24 of
2012, sections 2 and 3, Schedule, entry 11, w. e. f. 1st May 1960.
I. Fibres––
1. Cotton (ginned and unginned).
2. Sanhemp.
II. Cereals––
1. Wheat (husked and unhusked).
2. paddy (husked and unhusked).
3. Jowar.
4. Bajri.
5. Nagli.
6. Vari.
7. Kodra.
8. Maize.
9. Sarsav.
10. Bavto.
11. Barley.
12. Banti.
13. Chino.
14. Navani.
15. Savi.
5[16. Tamarind seed.]
III. Pulses––
1. Tur.
2. Gram.
3. Udid.
4. Mung.
5. Val.
6. Chola.
7. Lang.
8. Math.
9. Peas.
10. Kulthi.
7[11. * * *]
12. Masur.
13. Ghevda beans.
8[14. Splites (Dal) of Pulses].
IV. Oilseeds––
1. Groundnut
(shelled and unshelled).
2. Linseed.
3. Sesamum.
4. Safflower.
5. Ambadi.
6. Coconut.
7. Cotton seed.
5[7A. Sunflower seed.]
8. Castor seed.
9. Khursani.
10. Nigar seed.
11. Thymol (Ajwan seed).
12. Dilseeds (Shepa).
5[13. Neems and Neem seed.]
6[14. Soyabeen].
V. Narcotics––
1. Tobacco.
SCHEDULE
[See section 2 (1) (a) and section 62]
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
VI. Gul, 8[Sugar] and Sugarcane
VII. Fruits––
1. Mango.
2. Mosambi.
3. Santra.
4. Lemon.
9[5. * * *]
6. Grapes.
7. Pomegranate.
8. Fig.
9. Chickoo.
10. Straberry.
11. Melons.
12. Water Melon.
13. Papaya.
14. Guava.
15. Bor.
16. Falsa.
17. Custard Apple.
3[18. Grapes Fruits.]
19. Apple.
20. Pineapple.
21. Jam.
22. Plum.
23. Peach.
24. Pears.
25. Leechi.
26. Almond.
27. Jack Fruit.
28. Naspati.
29. Cherry.]
VIII. Vegetables––
1. Potato.
2. Onion.
3. Tomato.
4. Suran.
1[5. Leafy and other vegetables.]
6. Yam potatoes.
7. Sweet potatoes.
8. Kochara.
[1964 : Mah. XXMaharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
IX. Animal Husbandary Products––
1. Eggs.
2. Poultry.
3. Cattle.
4. Sheep.
5. Goat.
6. Wool.
5[7. * * *
8. * * *
9. * * *
10. Hides and skins.
8[11. Ghee.]
X. Condiments, spices and others––
1. Turmeric.
2. Ginger.
3. Garlic.
4. Corriander.
5. Chillies.
6. Cardamom and pepper.
7. Variali.
8. Betelnuts.
9. Betel leaves.
10. Cashewnuts.
11. Cummin (Jiru).
12. Rai (mustard).
13. Methi.
5[14. * * * *
15. * * * *
16. * * * *]
17. Gum.
18. Tamarind.
XI. Grass and fodder––
XII. Cattle feeds––
1. Guwar.
2. Punvad.
XIII. Apiculture ––
5[1. * * * *]
PRINTED AT THE GOVERNMENT PRESS, WAI.
G. P. Wai–40 Pages 4060 Bks.–12-2018–H-93
1 Entry (5) in Item VIII was substituted by G. N. and C. D., No. APM 2775/33256/11-C, dated the 23rd
June 1977.
2 Entries (5) and (6) in Item XV were cancelled by G. N., A and C. D. No. APM 2076/27726/6-C, dated
the 31st August 1977 and were again added by G. N., C. and T. D., No. KRUBAS 1993/254/CR-31/
11-C, dated the 6th February 1995.
3 Entries (18) to (29) in Item VII were added by G. N., A and C. D. No. APM 2077/28295/11-C, dated
the 6th April 1979.
4 Entry (3) in Item XV was cancelled by G. N. A. and C. D., No. APM 2078/31420 (3484)/ 11-C, dated
18th December 1979.
5 (The word “sugar” was deleted from Item VII.) Entries (7), (8) and (9) in Item IX entries (14), (15) and
(16) in Item X and entry (1) in Item XIII were deleted and entries (7A) and (13) in Item IV, entry (1)
in Item XVI and entry (16) in Item II were added by G. N. A. and C. D., No. APM 2080/26277/413/
11-C, dated the 13th April 1982.
6 Entry (14) in Item IV was added and entry (1) in Item XIV was substituted by G. N. A. and C. D.,
No. APM 2083/50932/537/11-C, dated the 9th May 1984.
7 Entry (11) in Item III was deleted by G. N., A. and C. D., No. APM 1482/48629/11-C, dated the
31st May 1984.
8 Entry (14) in Item III, entry (11) in Item IX, Items XVII, XVIII and XIX were added and the word
“Sugar” in Item VI was inserted by G. N., A and C. D., No. APM 1384/3159/369/11-C, dated the
25th September 1987.
9 Entry (5) in Item VII was deleted by G. N., C. and T. D., No. APM 1094/7717/371/11-C, dated the
14th March 1996.
XIV. Pisciculture––
6[1. Fish and other
acquatic product.]
XV. Forest produce––
1. Hilda.
2. Gum.
4[3. * * *]
4. Lac.
2[5. Bamboo.
6. Fire wood].
5[XVI. Other––
Flowers.]
8[XVII. Wheat flour.
XVIII. Dry fruits.
XIX. Edible oils.].
1964 : Mah. XX] Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963.
Maharashtra Government Publications
can be obtained from–
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MAHARASHTRA STATE,
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MUMBAI 400 004.
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