(1)This Act may be called The Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020.
In this Act, unless there is anything repugnant in the subject or context.
(1) The State Government may, by notification in the official gazette, declare its intention of regulating the marketing of such agricultural produce and livestock, in the State, as may be specified in the notification. The notification may be brought to the notice of the interested public by publishing in local language and English on widely circulated platforms, media like newspapers, websites and such other formats:
Subject to the notification made under Section 3 and after considering such objections and suggestions as may be received from any source before expiry of such period, the State Government may, by another notification, declare the whole State as one unified market are a specified in the notification issued under Section 3 for the purpose of regulation of marketing of all or any of the kinds of agricultural produce and livestock specified in the notification issued under Section 3 under this Act.
Subject to the provision made in Sections 3 and 4, State Government may, by further notification, delineate geographical area for a Market Committee as a delineated market area for the purpose of election of the Members of such Market Committee and undertaking developmental activities therein. Explanation: The Market Committee shall not regulate marketing of notified agricultural produce and livestock in its delineated market area. The Market Committee will enforce regulation on marketing of notified agricultural produce and livestock within the principal market yard, sub‐market yard(s) and market sub‐yard(s).
(1) Subject to the procedure specified in Sections 3 and 5, State Government may, at any time by notification, exclude from any delineated market area, any area or include therein an additional area or split one delineated market area in two or more such areas or amalgamate two or more such areas in one delineated market area, or may exclude any notified agricultural produce and livestock from regulation, or include any agricultural produce and livestock, hitherto not regulated, for regulation under this Act.
(1) In a State, there may be
(1) State Government may designate any existing market yard established under subsection (2) of Section 7 as Special Commodity Market Yardor establish and notify any market yard as Special Commodity Market Yard after consideration of such aspects as throughput of particular agriculture produce and livestock and special infrastructure requirements therefore. It may be (i) fruits, vegetables and flowers markets, including onion market, apple market, orange market and other such market;
State Government may designate and notify any existing market yard established under Section 7 (2) as Market Yard of National Importance or establish and notify any market as Market Yard of National Importance after consideration of such aspects as total throughput, value, upstream catchment area, downstream number of consumers served and special infrastructure requirements therefore:
(1) Subject to such reasonable conditions and such fee as may be prescribed, the Director or the Officer authorized by him may grant a licence to a person to establish a private market yard, for trading of notified agricultural produce and livestock. (2) The private market yard licensee, or its management committee, by whatever name it is called, may register commission agents and other market functionaries to operate in the licenced private market yard. (3) The private market yard licensee, or its management committee, may collect user charge on notified agricultural produce and livestock transacted in the private market yard, at the rate ad valorem not exceeding the rate as notified by the State Government. (4) The private market yard licensee shall contribute, of such user charge collection and registration fee, to the separate “Revolving Marketing Development Fund” maintained by the Director at the rate in percentage at par with Market Committee. (5) The Director will spend the money from such Fund under sub‐section (4) in development of common marketing infrastructure, skill development, training, research and pledge financing and such other activities as will aid in creating an efficient marketing system in the State/country. (6) The private market licensee shall formulate a Standard Operating Procedure (SOP) for conduct of business and activities ancillary thereto in the licenced private market yard.
(1) Subject to such terms and conditions and fee, as may be prescribed, by the Director or the Officer authorized by him, may grant licence to a person to establish farmerconsumer market yard for marketing of specified agricultural produce in retail.
(1) Save as otherwise provided in this Act, the State Government may, by notification declare warehouse, silos, cold storage or other such structure or place with infrastructure and facilities as prescribed, to function as market sub yard.
. (1) Collection or aggregation centres in the proximity of the production areas may be setup by a person with infrastructure, as may be prescribed, with linkages to retail chain, or processing, export unit or premises, or any other such unit or premises, as may be prescribed, in accordance with the provisions of this Act and Rules made thereunder for marketing of notified agricultural produce.
(1) For every delineated market area, there shall be a Market Committee consisting of a Chairman and other Members.
(1) The Market Committee may require a Local Authority to transfer to it any land or building belonging to the Local Authority which is situated within the delineated market area and which, immediately before the establishment of the market yard was being used by the Local Authority for the purposes of the market and the Local Authority shall within one month of the receipt of the requisition, transfer the land and or building, as the case may be, to the Market Committee on such terms as may be agreed between them.
(1) When any land within the delineated market area is required for the purposes of this Act, and the Board or the Market Committee is unable to acquire it by agreement, the State Government may, at the request of the Board or the Market Committee, as the case may be, proceed to acquire such land under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and on the payment of the applicable compensation awarded under that Act by the Board or Market Committee and of any other charges incurred by the State Government in connection with the acquisition, the land shall vest in the Board or the Market Committee, as the case may be:
(1) The first Market Committee shall be constituted, for the first time for a delineated market area declared after commencement of this Act, all the members thereof including Chairman, shall be nominated by the State Government. The first Market Committee so constituted may consist of Members including Chairman, not less than fifteen, which may include six to ten agriculturist members, as may be prescribed. Other five Members may be:
(1) Save as provided in Section 17, a Market Committee constituted for a term of five years from the date of notification of it constitution, shall consist of
(1) The Deputy Commissioner shall, by notification or otherwise, divide a delineated market area into as much number of constituencies equal to the number of the representatives of the agriculturist to be chosen from such area but not less than ten.
(1) Every person‐ (a) whose name is entered as land owner in the village land records or is a tenant as per the State’s respective Land Reforms Act; (b) who has completed the age of eighteen years; and (c) whose name is included in the voter’s list prepared under the provisions of this Act and the Rules made there under, shall be qualified to vote at the election of a representative of agriculturists: Provided that no person shall be eligible to vote in more than one constituency. (2) No person shall be qualified to be elected as a representative of agriculturists unless‐ (a) his name is included in the list of voters as agriculturist of the delineated market area; (b) he is otherwise not disqualified for being so elected under the provisions of this Act or any other law for time being inforce. (3) No person shall be eligible for election for more than one Market Committee or constituency as the case may be.
Subject to the provisions of this Act, the Chairman, Members of the Market Committee shall be elected in the manner prescribed in the Rules. Such Rules may provide also for preparation and maintenance of the lists of voters and their qualification and disqualification, the payment of deposits and their forfeitures, reservation of seats and all matters connected thereto.
. (1) Subject to the directions of the Director, the superintended, direction and control of the preparation of the lists of voters for and the conduct of all elections to the Market Committee, shall be vested in the District Collector.
(1) Every person shall, unless disqualified under the provisions of this Act or any other law for time being inforce, as the Chairman of the Market Committee, be qualified to be elected by direct election by the persons qualified to vote for the election of representatives of agriculturists under Section 20, traders, commission agents and other market functionaries under Section 18:
(1) The Chairman and elected Member shall, save as otherwise provided in this Act, hold office for term of five years from the day of assuming the office or till the continuation of Market Committee, whichever is earlier.
(1) The term of office of the Chairman and Members of a Market Committee shall commence on the date immediately after the expiry of the term of office of the outgoing office bearer of the Market Committee or on the date of first meeting of the committee convened.
A Member of the Market Committee other than ex officio Member may resign from his membership in writing delivered or caused to be delivered to the Chairman of the Market Committee who shall acknowledge the receipt of same and the seat of such Member shall be come vacant on the expiry of fifteen days from the date of acknowledgement of resignation unless within such period such Member withdraws his resignation in writing addressed to the Chairman.
(1) The Chairman may resign from his office at any time in writing addressed to the Director, incharge of agricultural marketing and the office shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless within the said period of fifteen days he withdraws the resignation in writing addressed to the Director in charge of the agricultural marketing.
(1) A motion of no confidence may be moved against the Chairman at a meeting specially convened for the purpose under subsection (2), and if the motion is passed by a majority of the total Members of the Committee and not less than twothird of the Members present and voted cease to be the Chairman.
(1) Subject to the Rules made in this behalf, every Chairman who absents himself from three consecutive meetings of the committee, without leave of the Director incharge of agricultural marketing, shall cease to be the Chairman on and from the date on which such third meeting is held.
(1) On election of the Chairman, the outgoing Chairman shall forthwith hand over the charge of his office to the successor in office.
(1) Where the Director or Managing Director is satisfied that the books and records of a Market Committee are likely to be suppressed, tampered with or destroyed, or the funds and property of a Market Committee are likely to be misappropriated or misapplied, the Director or Managing Director may order for seizure and taking possession of the record and property of the Market Committee.
(1) Save as provided under Section 14 (1), the State Government may, by notification, constitute a separate Market Committee for effective implementation of provisions of this Act for such market yard(s) located in the State which is o r are considered as the Market Yard(s) of National Importance (MNI).
The Secretary functioning as Chief Executive Officer of the Market Committee shall be appointed by the State Government from amongst the State’s Civil Service Officers at least with ten years of service or from the panel of professionals so maintained or on deputation from State Government with experience of ten years in agricultural marketing.
(1) The Executive Committee for MNI shall consist of
The Members of the Executive Committee shall hold the office during the pleasure of the State Government.
All other provisions of this Act, not specified for “Market Yard of National Importance”, shall mutatis mutandis apply to MNI established and notified under Section 9 of this Act.
All other provisions of this Act, not specified for “Market Yard of National Importance”, shall mutatis mutandis apply to MNI established and notified under Section 9 of this Act.
The ViceChairperson of the Market Committee shall
A Market Committee shall meet for the transaction of its business at least once in every month on such date and at such time, as the Chairman may determine: Provided that the Market Committee may, in special circumstances meet at any time and at any place in the delineated market area, as may be prescribed.
. One‐third of the total number of Members of Market Committee shall form a quorum for transacting the business at a meeting of the committee. The procedure of the meeting will be followed, as may be prescribed.
(1) Subject to the provisions of this Act, it shall be the duty of the Market Committee
Subject to such conditions and restrictions as may be prescribed, the Market Committee may appoint one or more sub‐committees consisting of such Members of the committee, as it may think fit, for the performance of any of its duties or functions, as it may think fit to assign.
(1) The Market Committee may, with the previous sanction of the Managing Director, raise money from banks, financial institutions or issue debentures required for carrying out the purpose for which it is established on the security of any property vested in it and of any fees or user charge leviable by it under this Act.
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 Section 64 against this Act or the Rules or Byelaws, made thereunder by way of compounding of such offence
The Market Committee may write off any fee or user charge or amount whatsoever due to it, whether under a contract or otherwise, or any amount payable in addition there with if in its opinion such a fee/user charge or an amount is irrecoverable: Provided that the Market Committee shall, before writing off any such fee or user charge, or amount obtain the sanction of the Managing Director, if the fee or amount exceeds rupees twenty five thousand.
Any officer or servant of the Market Committee, empowered by the State Government in this behalf, shall have power to remove any encroachment in a space in the principal market yard, sub‐market yard(s) and market sub‐ yard(s) vested in it and the expenses of such removal shall be paid by the person who has caused the said encroachment and shall be recovered in the same manner as arrears of land revenue.
(1) Only electronic weighing instruments which also satisfy the requirements of such weights and measures as are prescribed by the State Controller of Weight and Measure Act and the Rules made their under shall be used for weighing or measuring agricultural produce including livestock, as required, in the principal market yard, submarket yard(s), market subyard(s), private market yard(s) and farmer consumer market yard(s):
(1) Every contractor agreement entered into by a Market Committee for the purchase, sale, lease, mortgage or other transfer of, or acquisition of interest in immovable property shall, in writing, be executed on behalf of Market Committee jointly by its Chairman and the Secretary, with the sanction of the Market Committee, as may be prescribed.
No act of Market Committee or of any subcommittee thereof or of any person acting as a Member, Chairman, presiding authority or the Secretary shall be deemed to be invalid by reason only of some defect in the constitution or appointment of such Market Committee, sub committee, Members, Chairman, presiding authority or the Secretary or on the ground that they or any of them were disqualified for such office, or that formal notice of the intention to hold a meeting of the committee or of the subcommittee was not given duly or by reason of such Act having been done during the period of any vacancy in the office of the Chairman or the Secretary or Member of such committee or sub committee or for any other informality not affecting the merits of the case.
Every Market Committee shall have a Secretary, who shall be the chief executive of the Market Committee administering principal market yard, sub‐market yard(s) and market sub‐yard(s) vested in it and the custodian of all the records and properties of the principal market yards, sub‐ market yard(s) and market sub‐yard(s) in the delineated market area: Provided that the Secretary should be graduate in agriculture or horticulture, agricultural economics or marketing or agribusiness and has also undergone minimum three months in‐service training or such training undertaken after recruitment; Provided further that the Director or Managing Director may maintain a panel of professionals, which may include professionals from open market, for appointing to the post of Secretary to the Market Committee, as may be prescribed in the Rules. The Director or Managing Director shall have powers to appoint Secretary from the services of the State Government and on deputation also and such appointments shall be binding on the Market Committee.
The Secretary shall exercise and perform the following functions and duties in addition to such other duties as may be specified in this Act, the Rules or Byelaws, namely
The Director or Managing Director may, with such qualification as may be prescribed in Rules or Bye‐laws, appoint an accountant, who shall be responsible for maintenance of books of accounts of the Market Committee and assist the Secretary in discharge of his duties and perform of such duties as may be delegated to him by the Market Committee or the Secretary.
(1) Every Market Committee may appoint such other Officers and servants as may be necessary and proper for the efficient discharge of its duties as prescribed by the Board:
(1) No person shall establish and run any electronic trading platform for trading in notified agricultural produce including livestock without obtaining a licence under this Section.
(1)Any person desirous of establishing an etrading platform under Section 54 (1) shall apply to the Director or the Officer authorized by him in such form and manner along with such fee and security or bank guarantee and fulfilling such conditions, as may be prescribed.
A licence holder under Section 73(1) for market sub‐yard, desirous to link to e‐platform of Government of India, may apply, through concerned State Government, or its agencies, to the Department of Agriculture, Cooperation & Farmers’ Welfare, in the form and manner, as may be prescribed.
A licensee of private market yard, desirous of integrating with e‐trading portal, may apply through State Government or its agencies to the Central Government, as may be prescribed.
In order to evolve a unified National Agricultural Market and integrate various e‐platforms, the applications in the e‐platform(s) should be inter operable as per specifications and standards laid down by the Director or the Authority designated there for.
(1) Notwithstanding anything contained in this Act, payment of notified agricultural produce including livestock traded on electronic platform shall be made same day of the sale transaction to the seller or in the maximum next day, if procedurally so required. In procedural exigencies on electronic trading, the payment to the seller may be made as prescribed in Rules and Byelaws.
The Director or Managing Director may, for the reasons to be recorded, specifying the breach of any provision of Act, Rules, Bye‐laws, instructions, orders, suspend or cancel the licence, granted under Section 55, by passing as peaking order: Provided that no order for suspension or cancellation of licence shall be passed without giving a reasonable opportunity of being heard.
Any dispute arising between or among licensees of e‐trading platforms, or between or among the licensees and APLMC or State 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.
In case of any dispute with regard to intra‐State transaction on e‐platform, the redressal thereof shall be done at the level of management committee of the licensee or the Market Committee, as the case may be, through an administrative process, or through the process of conciliation and arbitration, or otherwise within seven working days; while in case of perishables it shall be within three working days. The management committee or Market Committee, as the case may be, shall dispose of the matter by issuing speaking order.
. In case of any dispute arising out of inter‐State trade transaction on e‐platform or any other such platform, the State Government can subscribe to become part of such Authority, which may be constituted by the Union Government or State Government under the existing law or any law to be framed therefor.
(1) All notified agricultural produce including livestock shall ordinarily be sold in the principal market yards, submarket yards and market sub yards licenced under this Act or not, private market yards or at the electronic trading platforms:
(1) Except in the commercial transaction between two traders, any other person who buys notified agricultural produce including livestock in the principal market yards, submarket yards and market subyards, shall execute an agreement in triplicate in such form, as may be prescribed in favour of the seller. One copy of the agreement shall be kept by the buyer, one copy shall be supplied to the seller and the remaining copy shall be kept in the record of Market Committee.
(1) The Market Committee shall levy and collect market fee from buyer in respect of notified agricultural produce including livestock bought by such buyer in the principal market yard or submarket yard(s) or market sub yard(s) either brought from outside the State or from within the State, at such rate as may be notified but not exceeding two percent ad valorem on transacted produce in case of nonperishable agricultural produce and not exceeding one percent ad valorem in case of perishable agricultural produce and livestock:
(1) Notwithstanding anything contained in this Act, the Market Committee may allow trade even in those item(s) of the agricultural produce including livestock which is/are not notified for regulation under the Act or are not specified in the schedule to the Act for regulation.
(1) The State Government may, by notification and subject to such conditions and restrictions, if any, as may be specified therein, exempt in whole or in part any agricultural produce including livestock brought for sale or bought or sold in the principal market yards, submarket yards and market subyards specified in such notification, from the payment of market fee for such period as may be specified therein.
(1) Subject to the provisions of this Act and Rules made in this behalf, every person who, in respect of notified agricultural produce including livestock, desires to operate in the principal market yard or submarket yard or market subyard as commission agent, weighman, measurer, hammal (loaderunloader) or such other market functionary, except trader, shall apply to the Market Committee for grant or renewal of licence in such form and such manner as may be prescribed.
(1) There shall be a single licence applicable to the whole of the State, for the trader to be granted or renewed by the Director or Managing Director or the Officer authorized by him in such manner and in such form, as may be prescribed, to operate as trader in any principal market yard, sub market yard, market subyard private market yard and subyard, etrading platform or any other space identified for the purpose, in the State. The existing trader licences granted by the Market Committees shall be converted into State wide single trader licence by the Director or Managing Director or the Officer authorized by him, within six months from the date of commencement of the State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020. Until then, the existing trader licences granted by the Market Committees are deemed to have been the State wide single trader licences.
(1) The Director or the Officer authorized by him may, after such inquiry as he deems fit to make and after giving, in the prescribed manner, the licensee a reasonable opportunity of being heard, suspend or cancel a licence issued under Section 70 on any of the following ground(s):
(1) Notwithstanding anything contained in this Act, the State may allow holder of unified single trading licence bearing Unicode, issued by any other State to undertake trade transaction within its geographical jurisdiction on eplatform or any other format including physical that may be in operation, as trader, as may be prescribed in Rules, Byelaws under this Act.
(1) Any person who, under Section 10, desires to establish private market yard, or under Section 11, desires to establish farmerconsumer market yard, or under Section 12 to be desirous of such a place being declared as market subyard, shall apply to the Director or the Officer authorized by him for grant or renewal of licence, as the case may be, in such form and in such manner; and also for such period but not less than three years, as may be prescribed.
(1) Subject to the provisions of Section 73, the Licensing Authority, as the case may be, may for the reasons to be communicated to the licence holder in writing, suspend or cancel the licence, if:
(1) Any person, including a Farmers Cooperative, Farmers Producer Organisation (FPO) and Processor or Exporter, under Section 13, desires to purchase agricultural produce directly from farmers outside the principal market yard, submarket yard, market subyard, private market yard, shall apply to the Director or the Officer authorized by him for grant or renewal of licence, as the case may be, in such form and in such manner; and also for such period, as may be prescribed.
Subject to the provisions of Section 13, the Licensing Authority, who has issued the licence, may suspend or cancel the licence granted/renewed under Section 75 in the cause and manner mutatis mutandis to Section 74.
Any dispute arising between or among licensees for private market yard, farmer‐consumer market yard, market sub‐yard and direct marketing, or between or among licensee(s) and APLMC(s) may be resolved by the Director or Managing Director or the Officer authorized by him, in a summary manner within thirty days, after giving the parties a reasonable opportunity of being heard.
(1) Any person aggrieved by the order of the Director or the Officer authorized by him, passed under Section 61 and 77, as the case may be, may prefer an appeal to the State Government or the Officer authorized by it, in the form and manner as prescribed, within thirty days from the date of receipt of such order. The Appellate Authority shall dispose of the appeal within thirty days, after giving the parties a reasonable opportunity of being heard.
(1) Any person desirous of whole sale buying either from the marketyard or from outside the marketyard, on day to day basis for own consumption even without valid licence granted under Section 75, may register with the concerned Market Committee, in the form and in the manner, as may be prescribed:
(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with.
(1) Every Market Committee shall prepare and pass the budget of its in come and expenditure for the ensuing year in the prescribed form and shall submit it to the Managing Director for sanction before the prescribed date every year. The Managing Director shall sanction the budget with or without modification within one month from the date of receipt thereof. If the budget is not returned by the Managing Director within one month, it shall be presumed to have been sanctioned.
(1) Save as provided in subsection (2) all money received by a Market Committee shall be paid in to a fund to be called The Market Committee Fund and all expenditure incurred by the Market Committee under or for the purposes of this Act shall be defrayed out of the said fund. Any surplus remaining with the Market Committee after such expenditure has been met, shall be invested in such manner as may be prescribed.
Subject to the provisions of Section 82, the Market Committee in order to discharge functions and perform duties entrusted to it under this Act, may use the Market Committee Fund. Without prejudice to generality of this provision the Market Committee Fund may be used for the following purposes, namely
The State Government shall, for coordinating and undertaking the activities relating to development of markets and marketing infrastructures and services incidental thereto and also exercising such other powers and performing such functions as are conferred or entrusted by or under this Act, establish and constitute a State Agricultural Marketing Board.
The Board shall be a body corporate having perpetual succession and common seal and may sue and be sued in its corporate name and shall be competent to acquire and hold property both moveable and immovable and to lease, sell or otherwise transfer any such property, to contract and to do all other things necessary for the purpose for which it is established.
The Board shall consist of a Chairman and such other Members as may be elected or appointed by the State Government.
The composition of the Board shall be
(1) The Board shall have a Managing Director who shall be appointed by the State Government and he shall be the Chief Executive Officer of the Board.
(1) The term of office of the nonofficial Members of the Board shall be for five years. However, the Members may hold the office at the pleasure of the State Government:
(1) The tenure of an official Member of the Board shall come to an end as soon as he ceases to hold the office by virtue of which he was nominated.
The Members of the Board other than an ex‐officio Member shall be paid from the Marketing Development Fund for such sitting fee and allowances for attending its meetings and for attending to any other work as may be fixed by the State Government from time to time.
In the event of death or resignation or disqualification or removal of any Member of the Board or any vacancy arising otherwise before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as may be, by nomination by the State Government. The person so nominated shall hold such office for the un‐expired term of his predecessor.
The Chairman and a Member of the Board may resign from respective post by tendering resignation to the State Government and the seat of such incumbent shall become vacant on the date of acceptance of his resignation:
No person shall be a Member of the Board who
The Board may appoint sub‐committees consisting of three or more of its Members which shall also include Chairman and the Managing Director, for the performance of any of its duties or functions or for giving advice on any matter incidental thereto and may delegate to such sub‐committee any of its duties or functions as may be deemed necessary
The State Government shall exercise superintendence and control over the Board and its Officers and may call for such information as it may deem necessary and, in the event of it being satisfied, that the Board is not functioning properly, it may suspend the Board and, till such time as a new Board is constituted, make such arrangements for the exercise of the functions of the Board as it may think fit: Provided that the Board shall be constituted within six months from the date of its suspension.
(1) The Board shall, subject to the provisions of this Act, perform the following functions and shall have power to do such things as may be necessary or expedient for carrying out these functions:
The State Government shall exercise superintendence and control over the Board and its Officers and may call for such information as it may deem necessary and, in the event of it being satisfied, that the Board is not functioning properly, it may suspend the Board and, till such time as a new Board is constituted, make such arrangements for the exercise of the functions of the Board as it may think fit: Provided that the Board shall be constituted within six months from the date of its suspension.
All money received by or on behalf of the Board shall be credited to a Fund called “Marketing Development Fund.”
All payments incurred by the Board shall be defrayed out of the “Marketing Development Fund”.
Every Market Committee shall pay to “Marketing Development Fund” maintained by Board in percentage upto twenty percent of its income derived from licence fees and market fees, as may be prescribed, to meet the expenses of establishment of the Board and expenses incurred in execution of the functions assigned to the Board under this Act.
The Board may, for carrying out the provisions of this Act, borrow money from the State Government or may with the previous approval of the State Government
(1) The Market Development Fund shall be utilized by the Board either on its own or through public private partnership for discharge of functions entrusted to the Board under this Act.
(1) The accounts of the Board shall be subject to audit under the State Local Fund Audit Act or by a certified Chartered Accountant or by other agency as the State Government deems fit.
(1)Subject to the provisions of this Act, the Board may by general or special order, delegate to the Managing Director or Member Secretary or sub committee appointed by it or to any Officer of the Board such of the powers and duties under the Act, as it may deem fit.
(1) The Chairman of the Board shall preside over the meeting.
The Managing Director shall:
(1) The Board shall meet for the transaction of its business at least once in every three months at such a place and at such times as the Chairman may determine.
The Chairman of the Board shall exercise such powers as may be prescribed.
The State Government may, by notification, appoint any Officer to exercise or perform such of the powers or functions of the Director of Agricultural Marketing under the provisions of this Act and the Rules made there under: Provided that Director of Agricultural Marketing shall not concurrently hold the office of Managing Director of the Board.
(1) Subject to the provisions of this Act, the Director may exercise such powers and perform such functions other than those prescribed for the Managing Director of the Board under this Act, which would enable proper execution of the provisions of this Act. The State Government may delegate any or all the regulatory powers vested in it under this Act or Rules to the Director.
(1) The Director shall maintain a separate Revolving Marketing Development Fund to account the receipts realized as contribution from licensees of private market yard, private market subyard, etrading platform, direct marketing and from such other contribution including Market Committee.
(1) The Director, to discharge such duties and perform such functions as assigned under this Act or Rules, may, with the previous sanction of the State Government, establish offices at district level.
Any person who contravenes any provision of this Act, or of any Rule or Bye‐laws or order issued thereunder shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both: Provided that in the case of a continuing contravention of the provisions of Section 65, he shall be liable to be punished with a further fine which may extend to two hundred rupees for everyday during which the contravention is continued after the first conviction.
Whenever any person is convicted of any offence punishable under this Act, the Magistrate shall in addition to any fine which may be imposed, recover summarily and pay over to the Market Committee the amount of fees or any other amount due from him under this Act or Rules or Bye‐ laws made thereunder and may, in his discretion, also recover and pay over to the Market Committee costs of the prosecution.
Whenever any person is convicted of any offence punishable under this Act, the Magistrate shall in addition to any fine which may be imposed, recover summarily and pay over to the Market Committee the amount of fees or any other amount due from him under this Act or Rules or Bye‐ laws made thereunder and may, in his discretion, also recover and pay over to the Market Committee costs of the prosecution.
(1) On his own motion, the Managing Director or any Officer authorized by him, or on direction of State Government or Director, may
(1) The Director may remove Chairman in consultation with the State Government and Members of Market Committee in consultation with Chairman where he is of the opinion that the said functioning:
Where the Director, on his own motion or after considering the submission of Managing Director, is of the opinion that a Market Committee has failed in the performance of its functions or discharge of its duties or has exceeded or abused the powers conferred on it by or under this Act, may, on prior consultation with the State Government, by notification in the Gazette, supersede the Market Committee:
Upon publication of the notification superseding a Market Committee under Section 119, the following consequences shall ensue :
Where the State Government is of the opinion that the Board has failed in the performance of its functions or discharge of its duties or has exceeded or abused the powers conferred on it by or under this Act, it may, by notification in the Gazette, supersede the State Agricultural Marketing Board:
Upon publication of the notification superseding a Board under Section 121, the following consequences shall ensue :
(1) If it appears to the Director, that it is necessary or expedient in the interest of agricultural marketing to make any Byelaw(s) or to amend any existing Byelaw(s), he may, by order, direct the Market Committee concerned to make Byelaw(s) or amend existing Byelaw(s) within such time as he may specify in such order.
(1) The Managing Director may, on his own motion, or on report or complaints received, by order, prohibit the execution or further execution of a resolution passed or order made by the Market Committee or its Chairman or any of its Officers or servants, if he is of the opinion that such resolution or order is prejudicial to public interest, or is likely to hinder efficient running of the business in any market yards or submarket yards or is against the provisions of this Act or Rules or Byelaws made thereunder.
(1) The Director or Managing Director may, on his own motion, or on an application made to him, call for and examine the proceeding of any Market Committee and the State Government may on its own motion or on an application made to it, call for and examine the proceedings of the Director or Managing Director, for the purpose of satisfying himself or itself as the case may be, as to the legality or propriety of any decision taken or order passed and as to the regularity of the proceedings of the Market Committee or the Director or Managing Director, as the case may be. If in any case, it appears to the Director or Managing Director or the State Government that any such decision or order or proceeding so called for should be modified, annulled, reversed, or remitted for reconsideration he or it may pass such order thereon as he or it may deem fit:
(1) If in the course of enquiry or inspection under Section 117 or in the course of audit under this Act, it is found that any person who is or was entrusted with the management of Market Committee or any deceased, past or present Chairman, Member, Officerincharge of Market Committee, or any other officer or employee of Market Committee or an Officer of the State Government has made or directed by assenting or concurring or participating in an affirmative vote or proceeding related thereto, any payment or application of any money or other property belonging to, or under the control of such committee to any purpose contrary to the provisions of this Act or Rules or Byelaws made thereunder or has caused any or loss by gross negligence or misconductor has misappropriated or fraudulently retained any money other property belonging to the Market Committee, the Director or Managing Director may, on his own motion or on the application of the Market Committee, enquire himself or direct any officer subordinate to him duly authorised by him by an order in writing in this behalf to enquire in to the conduct of such person within two years of the date of report of audit, enquiry or inspection as the case may be.
The State Government may, by notification, add to or amend or delete any of the items of agricultural produce and livestock specified in the Schedule and thereupon the schedule shall be deemed to have been amended accordingly:
(1) The State Government may give directions to the Board and Market Committees.
Any sum due to a Market Committee or the Board on account of any charge, costs, expenses, fees, rent and any other account under the provision of this Act or any Rule or Bye‐laws made thereunder shall be recoverable in the same manner as arrears of land revenue.
The Chairman, the Members, Secretary, other Officers and servants of a Market Committee and the Chairman, the Members, the Officers and other servants of the Board shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).
(1) The State Government may delegate to the Board or any Officer of the State Government not below the rank of Director, any of the powers conferred on it by or under the Act other than the powers to make Rules under Section 136.
No suit, prosecution or legal proceedings in respect of anything done in good faith or intended to be done under this Act or Rule or Bye‐laws made thereunder, shall lie against the Director or Managing Director or Officer of the State Government or against the Board or any Market Committee or against any officer or servant of the Board or any Market Committee or against any person acting under and in accordance with the directions of the Director or Managing Director, such officer, or such committee.
Notwithstanding anything contained in any section of any Act, no suit shall be instituted against the Board or any Market Committee, until the expiration of two months next after notice in writing stating the cause of action, name and place of abode of the intending plaintiff. Every such suit shall be dismissed unless it is instituted within six months from the date of the accrual of alleged cause or action.
(1) It shall be the duty of every local Authority to give all the necessary information in the possession of or under the control of its officers to the Market Committee or its officers authorized in that behalf, relating to the movement of notified agricultural produce in to and out of the area of the local authority, free of any charges.
No act done or proceeding taken under this Act by the Board, by a Market Committee or a subcommittee appointed by the Board shall be invalidated merely on the ground of
(1) The State Government may, after previous publication, make Rules for carrying out the purposes of this Act.
(1) Subject to the provisions of this Act and the Rules made thereunder, a Market Committee may, in respect of a principal market yard and sub market yard under its management, make Byelaws for
(1)The Meghalaya State Agricultural Produce Marketing (Regulation) Act 1980 are hereby repealed.
If any difficulty arises in implementation of any provisions of this Act, State Government may, as exigency requires, by order not in consistent with the provisions of this Act, do anything which appears to it to be necessary or expedient for the purpose of removing the difficulty.