Tripura act 015 of 1984 : The TRIPURA AGRICULTURAL PRODUCE MARKETS ACT, 1980

Date: 15 Dec 1984

Department

Department of Department of Agriculture & Farmers Welfare

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The Tripura Agricultural Produce Markets Act, 1980

(As Amended Upto 4^th Amendment, October 31, 2020)

Tripura Act No. 15 of 1983

THE TRIPURA AGRICULTURAL PRODUCE MARKETS

ACT, 1980

Arrangement of sections

CHAPTER I

PRELIMINARY

Sections

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.

CHAPTER I1

ESTABLISHMENT OF MARKETS AND CONSTITUTION

OF MARKET COMMITTEE

Establishment of Markets. Constitution of Market Committees. Composition of Market Committees. In-Corporation of Market Committees. Election and term of office of members. Creation of election fund.

Commencement of term of office of members. Resignation of members and nomination in certain circumstances. Removal of members of Market Committee.

Causal Vacancies.

Terms of office of the President and honorarium payable to him. Procedure of election of President.

Resignation of President.

Consequents of absence of the President without leave. Vacancies in office of President.

Refusal to hand over charge to new President. Meeting etc. of Market Committee.

Members to act during vacancy ; acts of Market Committee etc. not to be invalidated by informalities.

CHAPTER I11

MARKET COMMITTEE - POWERS AND DUTIES

23. Powers and duties of Market Committees.

24. Constitution of Sub-committee, delegation of powers.

25. Power of the Market Committee to open collection centre for marketing of specified produce ; provision for receipt and payment by purchaser.

26. Power of Market Committee to levy fees.

27. Power to borrow and lend.

28. Execution of contracts.

CHAPTER IV

OFFICES AND SERVANTS OF MARKET COMMITTEE ^:

29. Power of Market Committee to employ Staff.

CHAPTER V

MARKETING OF AGRICULTURAL PRODUCES

30. Regulation of Marketing of agricultural produce. 3 1. Grant of licences.

32. Power to cancel or suspension of licence.

33. Appeal.

34. Provision for settlement of disputes.

CHAPTER VI

MARKET FUND

35. Market fund, its custody and investment.

36. Purposes for which Market fund may be expanded.

37. Manner of auditing accounts, preparing budget, annual report etc.

CHAPTER VII

TRADE ALLOWANCES PROHIBITED

38. Marking or recovery of trade allowances prohibited.

CHAPTER VIII

CONTROL BY THE STATE GOVERNMENT

Inspection, enquiry, submission of statement etc. Duty of Officers, servant and members of Market Committee to furnish information to the Director, authorised officers and State Government. Powers of the Director to seize books and records, funds and properties to Market Committees.

Powers of the State Government to call for records of any proceeding of a Market Committee.

Suppression of Market Committee, etc.

CHAPTER IX

PENALTIES

Penalties for not complying with directions. Penalty for contravention of Sec. 33. Penalty for making or recovering trade allowances. Penalty for obstruction of officer and failure to obey order under Sec.39 Contravention of provisions of the Act, rules or Bye-Laws.

CHAPTER X

MISCELLANEOUS

President etc. of the Market Committee to be public servants. Bar of Jurisdiction.

Trial of offences.

Recovery of sums due to Government, Market Committee and others. Power to State Government to delegate powers. Power to exempt the Market Committee etc. from provisions of the Act. Power to make-rules.

Bye-laws.

Power of the State Government to amend Schedule. Power to write off irrecoverable fees etc.

Power of the Committee and President to impose penalties. Repeal and saving.

Power to remove difficulties.

Tripura Act No. 15 of 1983

THE TRIPURA AGRICULTURAL PRODUCE MARKETS

ACT, 1980

Act

to provide for the better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Tripura and for matters connected therewith.

Be it enacted by the Legislative Assembly of Tripura in the Thirty-First Year of the Republic of 1ndia.a~ follows.

CHAPTER 1

PRELIMINARY

1. (1) This Act be called the Tripura Agricultural Produce Markets

Short title, Act, 1980. extent and

commence-

ment. ( 2 ) It extends to the whole of the State of Tripura.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. ( I ) In this Act, unless the context otherwise requires,-

Definitions.

(a) "ag~icu l tural produce" means such produce (whether processed or not) of agriculture, horticulture, forest, animal husbandry and pisciculture, as are specified in the Schedule^;

(b) "agriculturist" means a person who ordinarily by his own labour or by the labour of any member of his family or who by the labour of his tenant or by servant or 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 broker, in or in relation to, agricultural produce even though such trader, commission agent, processor or broker is also engaged in the production or growth of agricultural produce^;

Explanation :- For the purpose of this clause a person merely processing agricultural produce shall, not be deemed to be engaged in the production or growth of agricultural produce and an agriculturist shall not cease to be so only because he processes or causes to be processed his own agricultural produce.

(d) "commission agent" means a person, who, by himself or through his servant, buys and sells agricultural produce for any other person, keeps it in his custody and controls i t during the process of its sale and 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^;

(e) "Directior" means the Director of Agriculture of the Government of Tripura and includes any other Officer appointed by the State Government to discharge all or any of the function of the Director under this Act :

(f) "local authority" means iⁿrelation to an area within the local limits of.-

(i) a Municipality , that Municipality ;

(ii) a notified area authority, that authority ;

(iii) a Gaon Sabha, that Sabha ;

(g) "market" means any market established under section 5 of this Act^;

(h) "market area" means an area declared to be a market area under section 4^;

(i) "market committee" means a committee constituted for a market under section 6 and includes a sub-committee constituted under section 24 ;

(j) "notification" means a notification published in the official gazette^;

(k) "Official Gazette" means the Tripura Gazette^;

(I) "prescribed" means prescribed by rules made under this Act^:

Notification of intention of regulat- ing market- ing of Agri- culural pro- duce in spe- cified area.

(m) "processor" means a person who processes any agricultural produce on payment of charge^;

(n) "retail sale" in relation to any agricultural produce means the sale of that produce, not exceeding such quantity as the market committee may by bye-laws, determine to be a retail sale^;

(0) "Schedule" means the Schedule to this Act^;

(p) "Secretary" means the Secretary of a market committee and includes an Assistant Secretary ;

(q) "Surveyor" means a person who, on arrival of a consign- ment of agricultural produce for sale in any market area or market, surveys it for ascertaining the quality refraction, alternation and other like factors^;

(r) "trader1' means a person who buys and sells agricultural produce as a principal or as a duly authorised agent for one or more persons or group of persons.

( 2 ) If any question arises as to whether a person is or is not an agriculturist for the purposes of this Act, the matter shall be referred to the Director who shall decide the same.

3 . (1) The State Government may, by notification in the Official Gazette and in local news-papers, preferably in regional language, declare its intention of regulating the purchase and sale of such agricultural produce and in such area as may be specified in the notification in accordance with the provisions of this Act.

(2) The notification shall state that any objections 01. suggestions which may be received by the State Government within a period, not being less than sixty days, to be specified in the notification, shall be considered by the State Government.

4. (1) On the expiry of the period specified in the notification issued ~ ~ l ~ ~ ~ ~ i ~ ~

under Section 3 and after considering the objections and suggestions as may of regulation

be received before such expiry, the State Government may by notification, of marketing

declare the area specified in that notification or portion thereof, to be a specified agricultural market area for the purposes of this Act in respect of all or any agricultural in

produce specified in that notification. market area.

(2) The State ~^~^"^e^rⁿ^m^eⁿ^tmay in the manner specified in section 3, at any time-

(a) exclude from a market area, any area comprised therein ; or

(b) include in the market area, any new area as may be specified in such notification.

(3) On a declaration being made under sub-section (I) , no local authority shall, notwithstanding anything contained in any other law for the time being in force establish or authorise or allow to be established, or continue or authorise the continuation of any place in the market area for the marketing or agricultural produce specified in the declaration or levy any fees on such agricultural produce sold in the market area.

CHAPTER I1

ESTABLISHMENT OF MARKETS AND CONSTITUTION OF

MARKET COMMITTEE

5. (1) For every market area, there shall be established a principal Establishment

market, and there may also be established one or more subsidiary markets, for markets.

the marketing of agricultural produce.

(2) The Director shall, as soon as possible after the declaration is made under sub-section ( I ) of section 4, by notification 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 such notification and may, in the same manner establish in any other like places in the area subsidiary markets for the marketing of such agricultural produce.

Constiution 6. (1) There shall be constituted by the State Government, for every market

of market area, a Market Committee : and different Market Committees may be constituted for regulating the marketing of different kinds of agriculture produce marketed in the same market area or in any part thereof.

(2) The provisions of the Tripura Markets Act, 1979 shall not apply to a market in relation to the specified agricultural produce only.

(3) Every Market Committee shall exercise such powers and discharge such functions as may be vested in it by or under this Act.

Composition 7. (1) Subject to the provision of sub-section (2), every Market

of market Committee shall consist of the following 12 members namely :-

Committees.

(a) Six members to be elected by the agriculturists residing in the market area and holding agricultural land as ryot or under ryot in the State of Tripura^;

(b) One member each to represent^:

( i ) the traders holding licences to operate as such in the market area ; and

(i i ) the Co-operative Societies operating in that market area ; elected by the traders, or as the case may be, the societies, in the manner as may be prescribed :

Provided that where there is no Co-operative Society in the market area both the members shall be elected by the traders only.

(c) Two members to be elected by the members of the local authority within the local limits of whose jurisdiction the principal market in relation to that Market Committee is situated.

(d) One member each to represent the departments of the State Government dealing with Agriculture and Animal Husbandry, to be appointed by the State Government.

(2) When a Market Committee is constituted for the first time, all the members thereof, including the President, shall be nominated by the State Government.

(3) Subject to the provision of sub-section (2) every Market.Cornrnittee shall elect one of its elected members to be its President.

8. Every Market Committee shall be a body corporate by such name as the ~~~~~~~~~~i~~

State Government may, by notification specify, and shall have perpetual of market

succession and a common seal and may, in its corporate name, sue and be Committees.

sued and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract and to acquire, hold and dispose of property, both movable and immovable, and to do all other things necessary for the purposes for which it is constituted.

9. (1) Except as otherwise provided in this Act and subject to the Election and

provision of sub-section (2) of section 7, the members of a Market Committee temofoffices

shall be elected by the individual, authorities or bodies referred to in of members.

sub-section ( 1 ) of section 7.

(2) The manner of election, preparation and maintenance of the list of voters, qualifications of members, disqualifications for being chosen as, and for being, a member, the right of vote, the payment of deposit and its forfeiture, determination of election disputes, publication of the names of members elected, and all matters ancillary thereto shall be such as may be prescribed.

(3) If, for any reason, any body of persons, local authority or Co-operative Society or managing Committee thereof, fails to elect members of any Market Committee, the Director shall give notice in writing requiring such body of persons, local authority or Co-operative Society or managing Committee thereof, to elect members within one month from the date of service of such notice ; and on the failure of such body, authority, society or Committee to elect members within the specified period, the Director shall nominate the required number of persons who are qualified to be elected under this Act to represent such body or persons, local authority or Co-operative Society or managing Committee thereof.

(4) Except as otherwise provided under this Act, a member of a Market Committee (not being a committee constituted for the first time) shall hold office for a period of three years and a member of a Market Committee constituted for the first time shall hold office for a period of one year^:

Provided that the State Government may, by notification, extend the term of office of members of any Market Committee for a period not exceeding one year.

Provided further that, a person, who is a member by virtue of being a member of a Co-operative Society or a local authority shall cease to hold office on his ceasing to be such member, and in the case of a person who is a licencee shall cease to hold office on his ceasing to be the holder of the licence.

( 5 ) The names of the members of a Market Committee who have been elected or nominated. shall be published in the Official Gazette.

( 6 ) Upon the publication of the names of all the members of a Market Committee after election or nomination, as the case may be, or upon the publication of the names of at least nine members of such committee in the Official Gazette, the Market Committee shall be deemed to be duly constituted.

Creation 10. The Superintendence, Direction and control of the preparation of the list

of election of voters for, and conduct of, all election to Market Committee shall be vested

fund. in the Director and, for the purpose of preparing the list of voters and conduct of elections, every Market Committee shall constitute an election-fund consisting of an amount as may be determined by the Director and shall deposit with the Director such amount and before such date as may be directed by him for meeting the expenses for preparing or revising the list of voters of conducting the election.

Commence- 1 1 . (1) The term of office of the members of a Market Committee shall

mentoftern be deemed to commence on the date of the first meeting of the Market

Of office Of Committee at which business is transacted.

members.

(2) The first meeting of the Market Committee, to be called by the President, shall be held on such date as may be fixed by the Director or any officer authorised by him in that behalf, being a date not later than thirty days from the date on which the committee is deemed, under sub-section (6) of Section 9 to be duly constituted.

(3) Where the first meeting can not, for any reason, be held within the said period of thirty days, the Director shall report the fact to the State Government stating the reasons for the failure to hold the meeting, and shall act according to the direction of the State Government issued in that behalf.

(4) The term of office of the out-going members shall be deemed to extend to and expire with, the date immediately preceding the date of such first meeting.

12. (1) A member of a Market Committee may resign his office in Resignation

writing addressed to the President and the President may resign his office of of members

Member in writing addressed to the Director and the resignation shall take and nOmina- tion in certain effect from the date on which it is accepted by the President, 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, it may, by notification, nominate persons to fill the vacancies of the members who have resigned : and the persons so nominated shall hold office for the remainder of the term of the members in whose place they are nominated or until the vacancies are duly filled by election or nomination as the case may be.

13. The State Government may, on the recommendation of the Market Removal

Committee supported by not less than eight members of that Committee present members

and voting at a meeting, remove any member if he has been guilty of or of any of Market Committee.

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 his office unless he has been given a reasonable opportunity of being heard by the State Government.

14. Subject to the provisions of Sub-section (3) of Section 9 and Sub- Casual

Section (2) of Section 12, in the event of vacancies occurring on account of V~cancies.

death, resignation or removable of a member, whether elected or nominated, before the expiry of his term of office, or otherwise, the President of the Market Committee shall forthwith communicate the occurrence of such vacancy to the Director and the vacancy shall be filled as soon as convenient, may be, by election, or, as the case may be, nomination, of a person, who shall hold office for the remainder of the term of office of the member in whose place he is elected or nominated^:

Provided that, if the vacancy occurs at any time within three months immediately preceding the date on which the term of office of the member is due to expire, the vacancy shall not, unless the State Government otherwise directs, be filled.

Terms of 15. The President shall unless removed earlier, hold office for such period as may

officeofthe be prescribed and shall, notwithstanding the expiry of his term of

President. office, continue to hold office until his successor enters upon his Office.

Procedure 16. ( 1 ) The President shall be elected in the first meeting of the Market

of election Committee.

of President.

(2 ) Such meeting shall be presided over by the Director or any person authorised by him in this behalf.

(3) The Director or such person shall, when presiding over the meeting, have the same powers as the President has while presiding over a meeting of the Market Committee, but shall not have the right to vote.

(4) If, in the election of the President, there is an equality of votes, the result of the election shall be decided by lots to be drawn in the presence of the person presiding over the meeting and in such manner as he may determine.

(5) In the event of a dispute arising as to the validity of the election of the President, the Director, if he is the presiding officer, shall decide the dispute himself, and , in any other case, the person presiding shall refer the dispute to the Director for decision and the decision of the Director, subject to an appeal to the State Government, shall be final, and no suit or other proceeding shall lie in any courtⁱⁿrespect of any such decision.

Resignation 17. The President of the Market Committee may resign his office in writing

of Pmident. addressed to the Director ; and the resignation shall take effect from the date on which it is accepted by the Director.

Consequents 18. Subject to the rules made by the State Government in this behalf, a President

of absence of the Market Committee who absents himself from three consecutive meeting

of the Presi- dent with- of the Market Committee without leave of the Director shall cease, on and

out leave. from the date on which the third such meeting is held, to be the President.

Vacanies in 19, ( I ) In the event of a vacancy in the office of the President by reason of death, resignation or otherwise, the vacancy shall be filled as soon as

President. possible,-

(a) by nomination, in the case of a Market Committee constituted for the first time ; and

(b) in any other case, in the manner provided in sub-section (3) of section 7.

(2) Every President nominated or elected as the case may be, under this section, to fill a causal vacancy, shall hold office for such period as the President in whose place he is nominated or, as the case may be, elected, would have held such office if the vacancy had not occurred.

20. (1) On the nomination or election of the President, the out-going Refusal to

President shall forthwith handover charge of his office to the successor- handover

in-office. charge to new Presi-

dent.

(2) If the out-going President fails or refuses to hand over charges of his office as required under Sub-section ( I ) , the Director or any person authorised by the Director in this behalf may, by order in writing, direct such president to forthwith handover charge of his office to the successor-in-office together with all records, fund and property of the Market Committee, if any, in his possession as such President.

(3) If the out-going President to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any other person authorised by him in this behalf may apply to the Executive Magistrate, within the local limits of whose jurisdiction the Market Committee is functioning, for seizing and taking possession of the records, funds and property of the Market Committee in the possession of such President and handing over possession thereof to the successor-in-office.

(4) On receipt of an application.under sub-section ( 3) the Executive Magistrate may authorise any police officer, not below the rank of a Sub- lnspector to enter and search any place where the records , fund and property are kept or are likely to be kept and to seize them and to hand-over possession thereof to the person specified in such application.

( 5 ) The provisions of the Code of Criminal Procedure 1973 shall apply to every search and seizure made under this Act.

21. The quorum for a meeting of the Market Committee and the procedure Meeting etc.

to be followed thereat shall be regulated in accordance with the bye-laws of Market

made for the purpose by the Market Committee. Committee.

Members 22. A Market Committee shall have power to act notwithstanding any

to act dur- vacancy in the membership, or any defect in the constitution, thereof ; and the

ing vaca- proceedings of a Market Committee shall be valid notwithstanding that some

ncy; acts of M a r k e t P erson, who was not entitled to be a member, had sat voted or otherwise taken

Corn m i t - part in the proceedings of any such Committee.

tee, etc. not to be in- validated CHAPTER I11 by infor- MARKET COMMITTEES - POWERS AND DUTIES matities.

Powers 23. (1) Subject to the provision of this Act, it shall be the duty of a Market

and duties Committee-

of Market Committes. ( i ) to implement the provisions of this Act and of the rules and bye-laws made thereunder for the market area^;

(ii) to provide such facilities for marketing or agricultural produce therein as the State Government may, from time to time direct^;

(iii) to do such other acts as may be required in relation to the Superintendence, direction and control of markets, or for regu- lating marketing of agricultural produce in any place, in the market area and for purposes connected with the matters aforesaid,

and for that purpose, may exercise such power and perform such duties and discharge such functions as may be provided by or under this Act.

(2) Without prejudice to the generality of the foregoing provisions, a Market Committee may -

(a) grant, renew, refuse, suspend or cancel licences^;

(b) provide for setting disputes arising out of any kind of trans- actions connected with the marketing of agricultural produces and all matters ancillary thereto ;

(d) maintain and manage the market, including the regulations of conditions for use of the market^;

(e) regulate the marketing of agricultural produce in the market area or the market, and the weighment or delivery of or, payment for, such agricultural produce^;

(f) arrange for collection- ( i ) of such agricultural produce in the market area in which all trades therein are to be carried on exclusively by the Government by or under any law for the time being in force for that purpose, or

(ii) of 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)^;

(g) acquire, hold and dispose of any movable or immovable property (including any equipment necessary for the purpose of efficiently carrying out its duties)^; ( h ) collect or maintain, disseminate and supply information in respect of production, sale, storage. processing, prices and movement of agricultural produce (including information relating to crops-statistics and marketing intelligence as may be required by the Director or the State Government^;

(i) take all possible steps to prevent adulteration and to promote grading and standardisation of such agricultural produces as may be prescribed :

(i) enforce the provisions of this Act and of the rules and bye-laws made, and conditions of the licences granted, under this Act^;

(k) perform such other duties as may be prescribed.

24. A market Committee may constitute one or more Sub-committees Constitution

consisting of one or more of its members and, subject to such restrictions and of Sub-

conditions as may be prescribed, delegated to such Sub-committees such of committee^

its powers or duties as it may think fit. delegation of powers.

Power of the market Committee to open Collection centre for marketing of specified p r o d u c e ; p r o v i s i o n for Receipt

& payment by purchaser.

25. (1 ) A market Committee duly authorised by the State Government for the purpose may, by an order published for the information of the Public in such manner as it deems fit, open collection centres for collecting thereat the produce specified in such order (herein-after referred to as the specified produce).

(2) Where any person wishes to sell any specified produce in a market area, he shall tender all such produce only at the collection centre established for the purpose under sub-section (1) :

(3) The Market Committee shall, on the sales 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, to the commission agent or agency and shall also arrange to give a copy of the receipt to the purchaser^; Provided that the Market Committee may authorise any corporate body registered under the Tripura Co-operative societies Act, 1974 and operating in the collection centre in specified produce for the purpose of discharging the functions of the Market Committee under this sub-section on such terms and conditions, not being inconsistent with the provisions of this Act or the rules or the bye-laws made thereunder. as may be agreed upon.

(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 agent, if any;

(v) the name of the specified produce, the weight, measure or number thereof and the fees paid for the weighing, measur- ing or counting such produce^;

(vi) grade of specified produce, if any, and the rate ;

(vii) the amount to be paid to the Market cornrni ttee by the purchaser ;

(viii) the amount 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 to be actually paid to the tenderer after deducting the amount. if any, falling under clause (vii) or clause (viii)^;

(x) the total amount to be paid by the purchaser in respect of the specified produce purchased by him.

( 5 ) The dues payable to a Market Committee under clause (vii) of Sub-section (4) shall consist of fees to be levied and collected from a purchaser by or under this Act.

(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, to-

(a) the Market Committee, an amount equal to the total of the amount referred to in clause (vii) and clause (viii) of Sub-section (4).

(b) the tenderer an amount equal to the amount referred to in clause (ix) of Sub-section (4).

(7) The Market Committee, on receipt of money shall arrange to pay from the amount received by it, to the commission agent, if any, [he amount recorded against such agent in the receipt and credit the balance due to it to the market fund.

26. It shall be competent for a Market Committee to levy and collect such Power of

fees (hereinafter referred to as the market fees), not being in the excess of, or Market

less than, an amount determined by the State Government by notification, Committee

from every purchaser of agricultural produce sold in a market area in such to levy fees.

manner and at such rate as may be prescribed:

Provided that when any agricultural produce brought into any market area for the purpose of processing only, or for export, is not processed or exported there from within thirty days, from the date of its arrival therein, it shall, until the contrary is proved, be presumed to have'been brought into the

market area for buying and selling, and shall be subject to the levy of fees under this section, as if it had been brought and sold therein^:

Provided further that no such fees shall be levied and collected in the same market area in relation to any agricultural produce in respect of which fees under this Section have already been levied and collected therein.

Power to 27. (1) A Market Committee may, with the previous sanction of the State

b0r1-0~ & Government, raise money required for carrying out the purposes for which it

land. is established on the security of any property vested in it and of any fees leviable by it under this Act.

(2) A Market Committee may, for the purposes of meeting the expenditure on lands, building and equipment, required for establishing the market, obtain loan from the State Government on such term and condition as that Government may determine.

(3) A Market Committee may with the previous approval of the State Government, obtain loans from other Market Committees or any financial Institution or give loans to other Market Committee on such conditions, and subject to such rules. as may be made.

Execution of 28. (1) Every contract entered into by a Market Committee shall be in

contracts. writing and shall be executed on behalf of the Committee by the President and the Secretary of the Committee.

(2) No contract, other than a contract executed as provided in sub- section (I) , shall be binding on the Market Committee.

CHAPTER IV

OFFICERS AND SERVANTS OF MARKET COMMITTEE :

Power of 29. (1) Every Market Committee shall, have as it is Secretary a person - -

Market appointed by the State Government from amongst the nominated members of the Committee.

to employ staff.

(2) A Market Committee may, with the previous approval of the State Government, employ such number of other officers and servants as may be necessary for the management of the market and the salary and conditions of

service of such officers and servants shall be such as may be determined by the Committee by bye-laws made in the behalf.

(3) The Government may, on the request of a Market Committee and on such conditions as may be prescribed, depute a servant of the Government to the service of the Market Committee for the purpose of assisting that committee to manage its affairs.

CHAPTER V

MARKETING OF AGRICULTURAL PRODUCES

30. (1) Subject to the provisions of this section and of the r~lles providing for regulating the marketing of agricultural produce in any place in the of~arket^ing Market Area, no person shall on and after the dale on which an area is ofagricultural

declared under sub-section (I), of Section 4, to be a Market Area, without, produce.

or otherwise than in conformity with the terms and conditions of a licence granted by-

(a) the Director, when a Market Committee has not been constituted or has not started functioning ; or

(b) in any other case, by the Market Committee-

(i) use any place in the Market Area for the marketing of the agricultural produce specified in the said declaration ; or

(ii) operate in the Market Area or in any market therein as a trader, commission agent, processor, weighman, measurer, surveyor, ware-houseman, or in any other capacity in relation to the marketing of such agricultural produce.

(2) Nothing in sub-section (I), shall apply to the retail sale by an agriculturist of his own produce, or to sell by a person, not being a trader or agriculturist, where such person himself sells to another who buys for his personal consumption or the consumption of any member of his family. 3 1. (1) Subject to the rules made in this behalf, a Market Committee may, Grant of

after making such inquiries as it deems fit, grant or renew a licence for the use 1. ~cences.

of any place in the Market Area for the marketing of agricultural produce or

for operating therein as trader, commission-agent, surveyor processor, weighman, measurer, ware-houseman or i.n any other capacity in relation to marketing of agri- cultural produce or may after recording its reason in writing therefor, refuse to grant or renew any such licence^;

Provided that the Director may, where a Market Committee has not been constituted or has not started functioning, subject to any rules that may be made in this behalf, grant a licence for the marketing of agricultural produce or for operating in any Market area as a trader, commission-agent, processor, weighman, measurer, surveyor, warehouseman or in any other capacity.

( 2 ) A licence granted under sub-section (I),-

(a) shall be in such form, valid for such period, and subject to such terms, conditions, restrictions and limitations as may be prescribed and such restrictions may include a provision prohihting commission agents from acting in any transaction (except between a trader and trader) in respect of such agricultural produce as may be prescribed ; and

(b) may also specify,-

(i) the manner in which and the place at which auction of agricultural produce shall be conducted and bids at such auction shall be accepted;

(ii) places at which weighment and delivery of agricultural produce shall be made in any market or market area and on payment of such fees as may be prescribed.

Power to 32. (1) Subject to the provision of sub-section (3), a ~arket'committee

cancel and may, for reasons to be recorded in writing, suspend or cancel a licence granted or renewed under this chapter,-

of licence.

(a) if the licence had been obtained through wilful mis- representation, or fraud^;

(b) if the holder of the licence 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 ; or

(c) if the holder of the licence in combination with other holders of licences commits any act or abstains from cany- ing out his normal business in the market with intention of wilfully obstructing, suspending, or stopping the market- ing of agricultural produce in the market area ; or

(d) if the holder of the licence has been adjudged an insolvent and has not obtained his discharge ; or

(e) if the holder of the licence is convicted of any offence under this Act.

(2) Not\~.ithstanding anything contained in sub-section (1) but sub- ject to the provisions of sub-section (3), the Director may, when the market committee has not been constituted or has not started functioning, 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 of showing cause against the proposed action.

33. (1) Any person aggrieved by an order of the Director or the Market ~^~^~^~^~^l^. Committee refusing to grant or renew a licence or cancelling or suspending any licence, may appeal to the State Government within thirty days from the date on which such order is communicated to him and in such manner as may be prescribed.

(2) The State Government shall, on such appeal, make such order as it may deem just and proper^:

Provided that, before dismissing an appeal, the State Government shall give the appellant a reasonable opportunity of being heard, and record in-writing the reasons for, such dismissal.

34. (1) For the purpose of settling dispute between buyers and sellers provision

of agricultural produce or their agents including any dispute regarding quality for settle-

or weight or payment, or any other matter in relation to the regulation of ment of

marketing of agricultural produce in the market area, the Market Committee disputes.

constituted for that Market area may appoint arbitrators or constitute from amongst its members a Sub-committee.

( 2 ) The method of appointment of arbitrators, the constitution and function of the sub-committees and the fees, if any, that may be paid by parties for the settlement of disputes shall be such as may be prescribed.

Any partly, aggrieved by the decision of the arbitrator or the sub- committee, may prefer an appeal from such decision to the State Government in such manner and within such time as may be prescribed.

CHAPTER VI

MARKET FUND

~a r k e t 35. ( 1) All fees and other moneys received by a Market Committee under

fund its this Act (except the amount of such fees credited to the election fund under section (lo), all sums realised by way of penalty (otherwise than by way of

and in- vestment. fine in any 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.

Purposes 36. The amount standing to the credit of the Market Fund may be expended

for which for all or any of the following purposes, namely :-

M a r k e t fund may be expen- (a) the acquisition of site or sites for the market ;

ded.

(b) maintenance, development and improvement of market^;

(c) construction of,.and repairs to, buildings necessary for the purpose of such market and for the health, convenience and safety of persons using it^;

(d) the provision and maintenance of standard weight and measures^;

(e) pay, pension and leave, allowances, gratuities, compensations for injuries or death resulting from accidents, compassionate allowances and contributions towards leave, pensions or provident fund of the officers and servants, employed by the Market Committee^;

(f) the payment of interest on loan, if any, raised by the Market Committee and the provision of sinking fund in respect of such loan^;

(g) the collection and dissemination of information regarding matters relating to crops statistics and marketing in respect of agricultural produce specified in the notification under sub-section ( I ) of section 4 ;

(h) propaganda in favour of agricultural improvement and orderly marketing^;

(i) payment of travelling and other allowances to the members of the Market Committee and of its sub-committees, if any, constituted under section 34 ;

) expenses of any tribunal constituted under sub-section (4) of section 52;

(k) any other function of the Market Committee specified in this Act or in the rules made therein^;

(1) for any other purpose, with the previous approval of the State Government.

37. The manner in which any payment from the Market Fund shall be made, Manner of

its account shall be kept and audited or reaudited (including powers to be auditing

exercised by the auditor in this behalf), its annual, revised or supplementary accounts, preparing

budget estimates of income and expenditure shall be made (including budget,

provision for modifying, annulling or rescinding such budgets) and its annual administrative report shall be prepared, shall be such as may be prescribed, report etc.

CHAPTER VII

TRADE ALLOWANCES PROHIBITED

38. No person shall make, or cause to be made on his behalf or on behalf of Making or

any other person, or recover, or cause to be recovered on his behalf or on recovery

behalf of any other person, and trade allowances in any market or market area of trade

in relation to any transaction made or proposed to be made the market area in all~wafices

respect of any agricultural produce. prohibited Explanation :-For the purposes of this section "trade allowance" means anything realised in cash or kind by the purchaser from the seller in any transaction relating to agricultural produce either by deduction from the price agreed upon or otherwise.

CHAPTER VIII

CONTROL BY THE STATE GOVERNMENT

Instruction, 39. The Director, or any officer authorised by him by general or by special

enquiry, order in this behalf, may-

submission of statement, etc. (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 it or be may think fit to require such committee to furnish^;

(d) require a Market Committee to take into account-

(i) any objection which appears to it or him to exist to the doing of any thing 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 certain thing, which is not being done by such committee,

and make a written reply to him within a reasonable time stating its reason for doing or not doing such thing ;

(e) with prior approval of the State Government direct, pending consideration of their reply made under clause (d), that any- thing which is about to be done or is being done, should not be done and any thing which should be done but is not being done, should be done within such time as he may direct.

Duty of 40. ( 1 ) When the accounts and offices of Market Committee are inspected,

officers, or the affairs of such Committee are inquired into, under section 39, or the

ant and proceeding of such committee are examined under section 42, all officers,

members of servants, and members of such committee shall furnish such information in

Market their possession in regard to the accounts and offices or affairs or proceedings

Committee to furnish

of such committee as the Director, or the officers authorised by the Director, as

infox~nation to the case may be, may require.

the Director, authorised (2) The Director or any officer inspecting the accounts and offices or

officers inquiring into the affairs of Market Committee under section 39, or the State

and State Government examining the proceedings of such committee under section 42,

Government. shall, for the purposes of such inspection, inquiry of examination, have the

same powers as are vested in a civil court under the code of civil procedure 1908, while trying a suit in respect of the following matters, namely :-

(a) the summoning and enforcing the attendance of any officer, servant or member of the Market Committee and examining him on oath^;

(b) the discovery and production by any officer, servant or member of the Market Committee of any document or other material object producible as evidence ; and

(3) Any officer exercising the powers conferred by sub-section (2) shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the code of Criminal Procedure, 1973.

41. 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 mis-appropriated or mis-applied, the Director may, with the approval of the State Government, 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 a 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.

42. The State Government may at any time, call for and examine the records of any proceedings of a Market Committee for the purposes of satisfying itself as to the legality or property of any decision or order passed by the Market Committee under this Act, and if, in any case, it appears to the State Government that any decision or order or proceedings so called for should be modified, annulled or reversed, the State Government may pass such order thereon asⁱ^tthinks fit.

43. (1) If, in the opJnion 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 power or wilfully disregards any instructions issued by the State Government or any officer duly authorised by it in this behalf and

Powers of the Director to size books and records, funds and Market properties of Committee. Powers of the State Government to call for records of any

proeeding of a Market Committee. Supersession of Market Committee etc.

arising out of audit of account of the Market Committee or inspection of the office and works thereof thereby frustrating the purposes or this Act, the State Government may, for reasons to be recorded by it in writing and after giving the Committee or member, as the case may be, an opportunity of tendering an explanation, by notification, supersede such Market Committee, or remove such member, as the case may be ; and where a member is removed the vacancy so caused shall be filled in the same manner, and subject to the same condition in regard to term of office, as provided in section 14.

(2) Upon the publication of a notification under sub-section ( I ) superseding a Market Committee the following consequences shall ensure, that is to say -

(a) all members of the Market Committee shall, from the date of such publication, be deemed to have vacated their office.

(b) all the assets of the Committee shall vest in the State Government ;

(c) the State Government may, by order, either constitute a new Market-Committeeⁱⁿaccordance with the provisions contrained in Chapter I1 or make such other arrangement for carrying out the functions of the Market Committee as it thinks fit.

CHAPTER IX

PENALTIES

Penalty for 44. If the President to whom a direction has been issued under sub-section

not complying (2) of section 20, does not, except for reasons beyond his control, comply

"thdiitions. with such direction, he shall be punished with fine which may extend to five hundred rupees.

Penalty for 45. Whoever, in contravention of the provision of sub-section (1) of

contravention section 30, uses any place in the market area for the marketing of the agricultural

of 33 produce specified in the declaration made under sub-section (1) of section 4, or operates in the market area or in any market therein as a trader, commission agent, processor, weighman, measurer, surveyor, warehouseman, or in any other capacity in relation to the marketing of agricultural produce specified in such declaration, shall be punished with imprisonment for a term which

may extend to one month, or with fine which may extend to five hundred rupees, or with both ; and in the case of continuing contravention with further fine which may extend to fifty rupees for every date, after the first, during which the contravention continues.

46. Whoever, in contravention of the provision of section 38, makes or causes Penalty for

to be made or recovers or causes to be recovered any trade allowances, shall making or

be punished with imprisonment for a term which ma; extend to one month, or recovering trade allow- with -fine which may extend to five hundred rupees, or with both. ances.

47. Whoever, obstructs any officer in carrying out the inspection of accounts, Penalty for

or in holding the inquiry into the affairs of a Market Committee or fails to obey obstruct of

any order with reference to any matter specified in clause (a), clause (c), clause officer and

(d) or clause (e) of section 39 shall be punished with fine which may extend to^to obey order two hundred rupees for every date during which the offence continues. under Sec 39.

48. Whoever contravenes any provisions of this Act or of any rules or bye-laws made thereunder shall, if no other penalty is provided for such contravention elsewhere in this Act or in the rules or bye-laws, be punished with fine which may extend to two thousand rupees.

CHAPTER X

Miscellaneous

49. The President, the members, the Secretary and other officers and Presidentetc.

servants of a Market Committee shall be deemed to be public servants within of'the Market Coininittee the meaning of section 21 of the lndian Penal Code. to be public servants.

50. No order passed or decision made under this Act shall be appealable Bar of

except as provided therein and no civil court shall have jurisdiction in respect Jurisdiction.

of any matter which any competent authority is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

5 1. ( 1) No offence under this Act, or any rule or bye-law made thereunder, Trial of

shall be tried by a court inferior to the court of a Judicial Magistrate of the offences.

first Class.

(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 by 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, order or bye-law 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 Director, officer, Secretary or person referred to in sub-section (2).

(4) All fines received by a court from an offender shall be credited to the Government revenues and an amount equal to such fine shall be paid by the Government to the Market Committee.

Recovery of 52. (1) Every sum due from a Market Committee to the Government shall

due be recoverable as an arrear of land revenue.

Government Market Com- mitee and (2) Subject to the provisions of sub-section (3) of section 55, any sum

others. 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 or any sum due to an agriculturist for any agricultural produce, specified under sub-section (I) of section 25, sold by him in the market area and which is not paid to him as provided by or under this Act, shall be recoverable from the person from whom such sum is due in the same manner as if it were an arrear of land revenue.

(3) If any question arises whether a sum is due to a Market Committee 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 inquiry 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.

(4) The State Government may constitute one or more Tribunals consisting of one person, possessing such qualifications as may be prescribed, who is not connected with the Market Committee or the agriculturist as the case may be, or with the person from whom the sum is alleged to be due.

Power of 53. The State Government may, by notification, and subject to such

StateGOv- conditions, if any, as it may think fit to impose, delegate all or any of the

e r n m e n t to delegate powers conferred upon it by or under any of the provisions of this Act to the

Powers. Director or any other officer or person specified in the notification.

54. The State Government may, by general or special order, published in the Power

Official Gazette, exempt any Market Committee or any class of persons from to exempt the Market any of the provisions of this Act or any rule or bye-law made thereunder or may direct, in like manner, that the provisions of this Act shall apply to etc. from

the Market Committee or any class of persons with such notifications, not provisions

affecting the substance thereof, as may be specified in that order. of the Act.

55. (1) The State Government may, by notification, make rules for carrying Power to

out of the provisions of this Act. make rules.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following mat- ters, namely^:-

(a) the manner in which the members of a Market Committee may be elected, under section 9 including all matters incidental to such election ;

(b) term of office and other conditions of service of the Presi- dent of the Market Committee under sections 15 and 18 ;

(c) the duties of Market Committee under sub-section (2) of section 23 and the promotion of the grading and standardi- sation of such agricultural produce as may be specified in the rules, under clause (i) of that sub-section ;

(d) the manner of levy and collection of Market fees by Market Committee, under section 26 ;

(e) the conditions subject to which loans may be obtained or given by a Market Committee under sub-section (3) of section 27^;

(f) the manner in which and the time within which an appeal may be filed under sub-section (2) of section 59 ;

(g) the form of licence and the terms and conditions subject to which a licence may be granted or renewed, including fees to be paid in respect of such licence, under section 3 1 ;

(h) the fees payable in connection with the weighment and delivery of agricultural produce under section 3 1 ;

(i) the manner in which an appeal may be filed under sub- section ( I ) of section 33 ;

(j) the composition of sub-committees, method of payment of arbitrators and the fees, if any, that may be paid by parties for the settlement of disputes, the procedure to be followed by the sub-committees or arbitrators for the settlement of disputes and the manner in which and the time within which an appeal may be preferred from the decision of the sub- committee or arbitrator under section 34 ;

(k) the manner in which the amount to the credit of a Market Fund shall be kept or invested under sub-section (2) of section 35 ;

(1) travelling and other allowances payable to the members of the Market Committees ;

(m) the manner in which payment from the Market Fund shall be made, its account shall be kept or audited or re-audited, budget estimates of income and expenditure shall be made and annual administration report shall be prepared under section 37 ;

(n) the qualifications of a member of a Tribunal constituted under sub-section (4) of section 52 ;

(0) any other matter which is required to be, or may be, prescribed.

(3) Any rule made under this section may provide that if any purchase fails to make the payment forthwith as required by sub-section⁽⁶⁾ of section 25, 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 and if payment is not made within thirty days from the date on which the agricultural produce is sold, the principal and interest shall be recoverable by the Market Committee from the purchaser in the manner provided in section 52.

(4) Any rule under the provisions of this Act, may provide that the contravention thereof shall on conviction, be punished with fine which may extend to five hundred rupees.

( 5 ) The power to make rules conferred by this section, shall be subject to the condition of the rules being made after previous publication.

(6) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly of Tripura while it is in session for total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the house agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

56. (1) Subject to any rules made under this Act, and with the previous ye-L~WS.

sanction of the State Government, a Market Committee may, in respect of the market area for which it is constituted or any market established therein, make bye-laws for determining the quantity of agricultural produce which may be provided for 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 the rates and manner of collection or refund of market fees or any other fees levied under this Act.

(2) Where a Market Committee fails to make bye-laws under this section within six months from the date on which this Act comes into force or the date of its constitution, whichever is later, the State Government may make such bye-laws as it may think fit and the bye-laws so made shall remain in operation in relation to that Market Committee.

(3) Any bye-law made under the provisions of this Act may provide that any contraventhn thereof shall, on conviction, be punished with fine which may extend to one hundred rupees.

57. The State Government may by notification, include in the Schedule Power of

any item of agricultural produce or, amend, or exclude, any of the items of the State

agricultural produce specified in the Schedule. Government to amend Schedule.

58. Whenever it is found that any amount due to the State Government or a Power of

Market Committee is irrecoverable or should be remitted, or whenever any Write off

loss of the State Government's or a Market Committee's money or stores or recoverable fees etc.

other property occurs through the fraud or negligence of any person or for any other cause and such money or property is found to be irrecoverable, the fact shall be reported to the Director or Market Committee as the case may be, and the Director with the approval of State Government and the Market Committee, with the approval of the Director, may order the amount or value of the property to be written off as lost, irrecoverable or remitted, as the case may be^:

Provided that the Director shall not accord such approval without obtaining prior consent of the State Government.

Power of the 59. ( 1 ) A Market Committee shall have the power, by order, to impose

Committee the penalties of censure and fine on any market functionary or agriculturist or

andmident purchaser for the contravention of any bye-law, after giving the person

to impose penalties, concerned a reasonable opportunity of being heard :

Provided that the Market Committee shall not be competent to impose fine exceeding twenty-five rupees.

(2) An appeal against an order under sub-section (1) shall lie to the Director, within such time and in such manner as may be prescribed.

Repealand 60. (1) On the commencement of this Act, the Bombay Agricultural

saving. Produce Markets Act, 1939, shall cease to be in force in the State of Tripura :

Provided that such ceaser shall not affect the previous operation of the enactment aforesaid and anything done or any action taken (including any appointment, delegation or declaration made, notification, order, rule, direction. or notice issued, bye-laws framed, Market Committee 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 done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.

(2) Any area or place declared to be a market area or any place or market declared to be a market under the enactment so ceasing to be in force shall, on the commencement of this Act, be deemed to be the market area or market declared under this Act ; the Market Committee constituted for the said market area 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 Market Committee shall be deemed to be members nominated by the State Government under sub-section (2) of section 7 .

(3) Any reference to the enactment ceasing to be in force as aforesaid or to any provisions or to any officer, authority or person entrusted with any functions thereunder, in any law for the time being in force or any instrument or document, shall be construed, where necessary, as a reference to the corresponding provisions of this Act or to the corresponding officer, authority 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.

61. If any difficulty arises, in giving effect to the provisions of this Act, the Power

State Government may, as occasion requires, by order not inconsistent with to remove

the provisions of this Act, do anything which appears to it to be necessary or difficulties.

expedient for the purpose of removing the difficulty :

Provided that no such order shall be made after the expiry of three years from the commencement of this Act.

SCHEDULE

[Sec section 2(1) (a) and section 571.

I. FIBRES :

1. Cotton (Ginned and unginned)

2. San hemp

3. Jute

4. Mesta

11. GENERALS :

1. Wheat and Wheat products

2. Paddy and its products

3. Chira

4. Muri

5. Khai

6. Maize

7 Ragi

8. Jowar

111. PULSES :

1. Arhar

2. Blackgram or Kalai

3. Mug

4. Lentil (Musur)

5. Choola

6. Dry peas

7 Kulthi

8. Splits (Dal) of pulses

9. Khesari

10. Ghevda

11. Cow peas (Dry)

12. Assam Vailly

IV. OIL SEEDS :

1. Grindnut (Shelled and unshellesd)

2. Linseeds

3. Sesamum

4. Coconut (including Green)

5. Cotton Seeds

6. Castor Seeds

7. Mustard and Rape

8. All vegetable oils & ailcakes

V. TOBACCO :

VI. Gur, Sugar and sugarcane.

VII. FRUITS :

1. Mango

2. Musambi

3. Lemon

4. Banana

5. Chikko

6. Melons

7. Water Melon

8. Papaw

9. Guava

10. Custard Apple 1 1. Pineapple

12. Nespati

13. Jackfruit

14. Litchi

15. Orange

16. BlackBerry.

VIII. VEGETABLE :

1. Potato

2. Onion

3. Palwal

4. Brinjals

5. Gourds (Law, Chalkumar & Mistt Kumar)

6. Bhindi

7. Pumpkin

8. Tomato

9. Cauliflower

10. Cabbage

11. Peas

12. Beans

13. Shag (All leafy vegetable)

14. Carrot

15. Raddish

16. Sweet Potato

17. Karala

18. Patal

19. Mukhi (Chara)

20. Kachu 2 1. Green Chilly

22. Tapioca

23. Papaw (Green)

IX. ANIMAL HUSBANDRY PRODUCTS :

1. Eggs

2. Poultry

3. Cattle

4. Sheep

5. Goat

6. Wool

7. Butter

8. Ghee

9. Milk

10. Pork

11. Bones

12. All kinds of meat

13. Hides and Skins

X. CONDIMENTS, SPICES & OTHERS :

1 . Turmeric

2. Ginger

3. Coriander

4. Cardamon including black peeper 5 . Gartic

6. Chillies

7. Betelnuts

8. Betel leaves

9. Cashewnut

10. Rai mustard

11. Methi

12. Tamarine

XI. GRASS & SODDER

XII. CATTLE FEEDS ^:

(All kinds of cattle feeds)

XIII. APICULTURE :

1. Honey

XIV. PISCICULTURE :

I . Fish including fish seed

2. Fish including dry fish

XV. FOREST PRODUCE :

1. Hilda

2. Gum

3. Bidi leaves

4. Lac

5. Chhan

6. Ci tronala and its oils

7. Be1

8. Kul

9. Bamboo including Dhari, Tukri, Laddor, Chatai & Wooden portion of the plough.

Scanned by CamScanner 15¢. /3-mwo

iripum 'ca ~< E-»| HM

THE TRIPURA AGRICULTURAL PRODUCE

MARKETS (AMENDMENT) ACT; 1983.

Scanned by CamScanner '~~;

PUBLISHEDT IN THE A

EXTRAORDINARY ISSUE OF_ TRIPURA GAZETTE Shoot title

Amgidmoot of

section 2

Agartala, Thursday. August 30, 1984 A. D. Bhadra 8, I906 S. E.

GOVERNMENT OF TRIPURA

LAW DEPARTMENT . - No. F. 2(l4)-LAW/LEG/83 Dated, Agartala; the §4th July, 1984. The following Act of the Tripura Legislative Assembly received assent of the President on 12th ' ' 'Apnl, 1984 and is hereby published for generalinformation.

THE TRIPURA AGRICULTURAL PRODUCE MARKETS

(AMENDMENT) ACT, 1983.

Tripura Act No. 3 of 1984.

' ACT . to amend the Tripura Agricultural Produce Markets Act, 1980. Be it enacted by the Legislature of Tripura in the Thirtyfourth Year of the Republic of India as follows :— \

1. This Act may be called the Tirpura Agricultural Produce' Markets (Amendment) Act, 1983.

2. In sub-section (1) of section 2 of the Trioura Agricultural Produce Markets Act, 1980 (hereinafter called the Principal Act),—

(i) after clause (b), the following clause shall be inserted, namely :-

"(bb) 'Board' means the Tripura Agricultural'Produce Market Board, established under section 38"; g

(ii) after clause'(c), the following clause shall be inserted, namely :-

"(cc) 'Chairman' means the Chairman of the Board appointed under sub-section (5) of section 38A.";

Scanned by CamScanner Powers and

duties of the

Pnsident of a

Market Commi-

ti".

l'°"'°"~ﬁt utleso^e Secretary of a Market

Committee.

Insertion of

Chapter VII" A. Establishment and constitution of the Board. Disqualiﬁcation. 2 v

(iii) after clause (e), the following clause shall be inserted, namely ;_ -

"(ce) 'General Manager" means the General l\'la11?1.'%'¢1' of U19 Board appointed under sub-section (5) of section 38A."

3. In Chapter II of the Principal Act, after section 15, "W f°"°Wi11s , section shall be inserted, namely :- , ' '

"l5A The President of a Market Committee sha,ll,_, §n..%.dd_iti-011 to "

presiding over the meetings of the committee, ¢XcV1'°v1iS?7 ﬁngifg-s(:;::g€ sigh 4.) powers and duties of the committee_ as may be 61¢ ¢ea e Y ° committee and such other powers and dutiespas may be Pf°$¢Fib¢d-" ..

4. In Chapter IV of the'Principal Act, after section 29, the following Fl section shall be inserted, "namely :- '

"29A The Secretary shall exercise and discharge such POWCFS 3115 duties as may be delegated to him by the President, and such other powers ' and duties as may be Prescribed." _ I

5. In the Principal Act, after Chapter VII the following Chapter and" I the provisions thereunder shall be inserted, namely :-

' ~ "CHAPTER vii A " _ ' _

' ' THE BOARD ' ' .

38A. (l) For the purpose of coordinating and s1.ipe_rv_isi,ng the works of the Market Committees and for other purposes of this Act, the State ' Government may, by notiﬁcation in the Official Gazettizg' establish a Board, to be called the Tripura Agricultural Produce Market Board. _ (2) The Board shall be abody corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this, Act, to acquire, hold and dispose of property both' movable and immovable, and to contract and shall by the said name sue and be sued. ' ' ' ' '

(3) The Board shall consist of members, bo'th"oﬁieials and non- oﬁicials, not less than six or more than ten in number; of whom not more than ﬁfty percent shall be non-ofﬁcial. 4' V _

(4) The members of the Board shall be appointed-= by the State Goveriinient.

g.i'.fii.<-...'an-1 4.."*

(5) The State Government shall appoint 'étié mem-ber of'. Board to be the Chairman and another ofﬁcial member' of the Board to be the General Manager. _ 9 - - __ -; ~ '

38B. 'No person, v'vho~ A ' V

' (a) is an employee of the Board, or ,

(b) has been declared by a competent court to be of 1111-sound mind, or ' ' ' '

.\ '- I . '. --

Scanned by CamScanner i

l | l > i ii

Tgrinof V_Oiiice _ -'of the members'

'- \\ ' . - ' of the Board.

1 I T

'4 I 0 l ' ' I

~ 3 -' I ' -P = Resignation _bY._ -the Chairmari the Board.

Powers and -e - duritscs of the _Chairman.

.. .. _. . 1- 1:

it .__:. 9 p Powers and

or ntmbcr' of" -

(cl is an undischarged insolvent, or

(d) has been convicted by a court of law for an oﬂence involv- ing moral turpitude,

shall be eligible to be appointed as a member of the Board. _ - ».-

38C. (1) The term of olﬁce of the members of the Board shall be three ea f 'y rs rom the date of appointment and other condition fs o serviceof the members shall be such as may be prescribed:

Provided that the State Government may, by notiﬁcation in the

Official Gazett ' 'e. extend the term for a period not exceeding one year.

(2) In the event of any vacancy occuring on account of death, resignation, removal or otherwise of a member, such vacancy shall be _ ﬁlled, as soon as may be convenient, by appointment of a person who shall hold'iii 'o cc for the remainder of the term of office of the member in whose place he is appointed.

. _ ' I -r

_38D. A iiienibcr of the Board may resign his office in writing addressed to the Cl '_' _ iairiiian and the Chairman may resign his office in writing ' addressed to the State Government and the resignation shall take effect from the date on which ' 'it is accepted by the Chairman, or, as the case may be, the State Government.

7 38E. The Chairman shall, in addition to presiding over the meetings of the Board exercis d d' ', e an ischarge such powers and duties of the Board as_may be delegated to him by the Board and such other powers and duties: as may_be~prescribed. '

3SF. (l) Subject to the general superiiitcndcnce and

control of thedam, of 'he -1.. -Board and the Chairman of the Board, the General Manager shall be the G - _ Chief E ti 'I enerai Mana

'- '_- '\-

'1 - . i r -.,_ J'; .

' xecu ve Authority of the Board.

~ (2) The General -Manager shall exercise and disehar e h, _ g sue of

_; ,- ,.. -,.,.» gthe powers and duties of the Chairman as ma b d l

Meeting of the

-Board. ' »-L'. * '

q. 0' '

-1,-cisiiot to be

invalid due to

vacancy or

defect; _ _

'. in ;, 4 \ ,4 \

Jq I

I - J 5 ~13 y e e egated to him by the, -Chairman '-and such other ' ', powers and duties as may be prescribed. ' 348G.' The Board shall meet at such inte l . _ rva and transact business in _sucli manner as may be prescribed.

-1 - '

_. 38H. No act or proceeding of the Board shall be invalid merely by

reason of——

_ _- _ - (a) any vacancy in or an defe t ' , y , c in the coiistitn"tion'of, the Board; or _

(b) any defect in the appointment of a person acting as a mem- ber of the Board; or

Scanned by CamScanner Removal etc.

of members

|"'

3, Reconstitution of.the Board._ ', Duties of the

" Board. Delegation of powers and duties the Board. Oﬂicers and employees Qf the Board. Finance,

Accounts and Audit.

/ ', 38I (1) The State Government may remove from the Board any member who, in its opinion,-

(a) refuses to act, -

(b) has become incapable to act, , ' . as to render his(c) has so abused his ofﬁce as a _member soh . wrest of the I incontinuance on the Board detrimental to C

public, or

(d) is otherwise unsuitable to continue as a member-

(2) The State Government may Sll$P¢nd any Ilmmbcr pcndmg an inquiry against him.

(3) No order of removal_shall be_madc unless the] membﬁr cerned has been given an apportunity of being heard and w en sue 0 is passed, the seat of the member removed shall be declared V361?"- - (4) A member who-has been removed shall not be eligible for reappointment as a member or in any other capacity under the Board. 38]. If the Board fails to carry out its functions or directions issued by the State Government under this Act, the State Government shall have power to reconstitute the Board. _ '

38K. It shall be the duties of the Board— _

(a) to supervise, control and coordinate "the activities of the market committees;

. (b) to provide expert technical assistance or guidance to the market committees, arrange for- the training of oﬂicers and employees of the Board and the committees;

\ (c) to educate the people about the advantages of the markets;

(d) to collect and disseminate such statistics and marketing informations_in relation to or in connection with the markets or market committees as may be considered necessary by the Board for the beneﬁt of general public ';'and

(e) to perform such other duties as may be p1'esc1'ib¢d_ 38L. The Board may, from time to time, by order, delegate under such restriction, if any, as it may think ﬁt to impose, any of its ,powers and duties, conferred by or under this Act, to the Chair-mm qr gm General Manager ofpthe Board. _

38M. The Board may with the approval of the State Ggv. . ' mm gappoint such other oﬁicers and employees as it may considq-. n¢¢c§s'q,c£.,; the efﬁcient discharge of its functions. '

38N. (1) The State Government may advance money or gram 10;"

to the Board on such terms and conditions as ma i " 3 . -

State Government. y be dctcnmnd 'Y an

Scanned by CamScanner l

l e

-—-__,__---.

awe Fund.

Budggt of the

"Annual report of the-. Board Accounts and Audit. i'

Control by the State Govern- ment over the Board.

Control by the State Govern- ment and the Board over the Market Commi- ttees.

(2) The Board may, with the previous approval of the State -Government, raise loan from th ' ' 'e open market or any ﬁnancial institution. 380 (1) There shall be_ - constituted a fund to be called the Tripura

Agricultural Produce Marketing Board Fund and there shall be credited

_- thereto the sums paid to the Board by the Central Government or the State

Govemment and all other sums raised or received by the Board.

(2) The fund shall be app1ied— . - (a) for meeting the salary, allowances and other remuneration of the members, officers and other employees of the Board I and other administrative expenses of the Board;

(b) for advancing money or granting loan to the market commi- ttees ' ' 'on such terms and conditions .as the Board may ' determine; F

- (c) for meeting other expenses of the Board in the dischar e of 8its functions under this Act or the rules made thereunder; and

_ (d) for repayment of loans raised or received by the Board or interest thereon.

» .38P. The Board shall prepare, in such form and at such time each year as may be prescribed, its budget for the next ﬁnancial year, showing the estimated-expenditure and forward the same to the State Government for sanction. -

'38Q. The Board shall prepare in such form and at such time each year as may be prescribed, its annual report giving full accounts of- its activities during_'the previous year and forward copies thereof to the State' Govenrment.- - it

38R The accounts of the Board h 1. . - I s al be maintained and audited in such manneras may be prescribed."

_6. In Chapter viii of the Principal Act,-

(i) for . section 39, the following sections shall be inserted,

. - namely :-

"39. The~State Government may, from time to time issue to the Board such directions and instructions as it may deem necessary for the eﬁicient administration of the Act and the Board shall carry out such directions and instructions; .

39A. Subject to the control of the State Government, the Board or any oﬂicer, authorised by it by general -or special order in this behalf, may-

(a) inspect or cause to be inspected the accounts and oﬂices of any market committee;

(b) institute inquiry into the aﬁairs of any market committee; ._' (V 'Q g, .v'r.it.

Scanned by CamScanner _ .

. Compounding of offences. Members, offi- cersland f

" empoyees ti .tl__ieBoai'd and Market Commi- ties to be public servants.

. 6

rt which it (c)'ca1l for any return, statement, a°°°"m.5 or repo .

. - mittee to furnish 'or he may consider necessary for the com ', - directions or (d) issue to the market _committees such_ord§1$,dcem ncccssary instructions or do such other acts as IiAmtZ

for the elﬁcient administration of this C - D_ emf" mg

.. . . - I " fc 1 (ii) in sub-section (2) _of section 4Q, f°1' lhc " Ord I

word "Board" shall be substituted.

7. In Chapter IX of the Principal Act,— _ -

(i) in section 47, forvthe-words "clause (d) °r clam: Salon ' 39", the words "of section 39A" shall be su stitu e_ ,

(ii) after section 48, the following section shall be inserted, namely :- .

"48A. The offences punishable under section 44 may be conipounded by the Director, those punishable under sections 45 and 46 ma)' '7"? Com' pounded by the Market Committee concerned and the (offences punlshﬂblti under sec-tions 47 and 48 may becompoundcd by the Board-"

8. In Chapter X of the Principal Act,-— - (i) for section 49, the following section shall be subsituted, namely :- ~-- '

"49. All members, ofﬁcc-rs and employees of the Board or thciMarkct Committees shall be deemed, when acting or purporting _to_ act in pursuance of any of the provisions of this Act,,to be the public servants within the meaning of section 21 of the Indian Penal Code." ;

(ii) in section 53, for the word "Director", the word "Board"

shall be substituted; ' _ V _ -,

(iii) in sub-section (_f2)_0f section 55, after' clause (o), the follow- ing clauses shall be inserted, -namely :-

"(p) powers and duties of the Chairman under section 38E;

(q) powers and duties of the General Manager under sub- section (2) of "section'38F; ' ' '

(r) magnet. of transacting business of the Board under section 38 ;

(s) the form in which and the time at which the budget and -» annual report of the Board shall be prepared under sections 38P and. 38Q respectively; - Z

(t) the manner in which the accounts of the Board shall-be maintained and-audited, as required under section 38R;_

(u) the powers and duties of the President of a market comini ttee under section 15A;

(v) the powers and duties of the Secretary under section 29A."

I By order of the Governor,

_ - I . .'~.ii';_ .. - 5- B- Paul

, ,, , Deputy Secretary, Law?'

THE TRIPURA ACT NO. 8 OF 2OO7- ---.*'. _-!, /

THE TRIPURA AGRICULTURAL PRODUCE

MARKETS {SECOND AMENDMENT )

ACT, 2407

Published in tl'le

EXTRAORDINARY ISSUE OF TRIPURA GAZETTE

Agartala,Wednesday, May 16, 2007 A. D.Vaisakha 26, 1929 S. E.

GOVERNMENT OF TRIPURA

LAW DEPARTMENT

No F. 8(¹)-Law ILeglZOo7^.Dated, Agartala, the 11th MaY, 2OA7 . The following Act of the Tripura Legislative Assembly received the assent^ofthe Governor on the 9th May, 2007 and is hereby published for general information. l

P B NEth

Additional Secretary,^Law.

Government^ofTripura.

Amendment of Z. section - 2 .n-)-- r- rn,n,.-.{__-: !. r_ TffiETRIIU}{AAC'}'},o"soF.2g{,},r hrj I ripmra Agricutrtural Froduce tsiarkets (Ss . :cond Amenrirnenfi Act.2CI0?

Ani

ACT

- Fufther to amend the Tripura Agricurturar produce Markets Ac, 1gB0 3:,rj,m:d

bv the Tripura Legislarive Assembly in the fifty eiqhth year of Repubtic of rndia Short tiile &

c0n!mencernent

1' (1) This Act

- lay be ca,ed the Tripura Agricurturarproduce Markets lsecoia il#;;;) ^;t zaat,(2) It shall come into for." ut oI.* ,

In the Tripura Agricultural produce Markets Act.1980 (hereinafter.urruo iir.,. ;rr;:iActJ in se*ion 2 after clause (bb) of .Sub-Section (1) the following

(bbb) "SC & ST" t"r.leans the'persons defined under

,.lXH:

24 & 25 of articie sio"oiln. c"*i,r,i,tilT;

(bbbb) .IOBC, me?ns

the Other Backward Cfasses ofcitizens as specified Oy tne stat;;il?"* time to time. after sub-clause (iii) of crause (f) the forowing sub-crause shall be inserted, namety;_ ' ' Lr'!

(iv) 'hDC" Village Commidee, that committee.

(iii) efter clause (g), the following clause shall be namely;- (gg) ',Specia! Market,, means a market notifiedestablished under seetion Zif el of this Act. (iv) after clause namely;-ⁱⁿ⁾tne fellowrng clause shall be

ihh) .r*rivate to{arket yatrd,, rneans such piace other than the Marker yard I Sutlr"farfet yard in tne marf

hordins a ricence i;r il;; purpose urcei secuo,,

(v)

',*I,i',Tte

(r) the following ciauses shair be inserted,

(,)

(ii) inserteci, as such inseted,

Amendment Section 3. Amendment Section 4 Amendment of Section 5 3.of

(s) "Comtract Farnning" rneaRs farming by a person called "Contract Farming Producer" under a written agreement with another person called "Contract Farming Sponsor" to the effect that his firm produce shall be purchased as specified in the agreement. Explanation :- 'Contract Farming producer,, means individual agriculturist or association of agriculturists whatever narne called registered under any Gw for the time being in-force,

In North-Eastern States where the ownership of control over the agricultural land lies with Village panchayat or similar body legally recognized, such body will be tieated as "Contract Farming producer".

(t). "Contract Farming Agreement,, means the agreement made for contract farming between contract hrming sponsor & contract farming producer. ' In the PrincipalAct, in Section 3

(i) For Sub-Section (1) the following shall be substituted, namely;-

" (1) upon^arepresentation made by any person, local authority or by any growers of any agricultural pioduce within the area for which a market is proposed to be established or other wise the State Govt. may by notification declare its intention of developing' and regulating the marketing of such agricultural prnOri. una such area as may be specified in the notification,,.

(ii) In Sub-section (2) the words .. sixty days.. shall be substituted by the words " thirty days,, . (i) In the Principal Act, after clause (b) of sub-section (2) of section 4, the following clauses shall be inseded, namely;_

( c) to amalgamate two or more market areas and

constitute one market committee thereof,

(d) to split uo a market uruu unO to constitute two or more market committee thereof.

(e) to de-establish a market. (ii) Sub-section (3) of Section 4 shail be deleted. In the Frincipal Act, in Section 5^I

(i) For Sub-section(1) the follgwing shafl be substituted, namely;-

4.of

(ii) t.:' ,i ;-;'uj-v ,Ti.:., _. ..:_.,:., s{ir*yy; r;:d} ifJ 1:j iuiAiriei :, nan'3geilbyi'4ai-i.i:ll.-,i:i;:iniiiec,{ii)r:ne.,r.rnorJit,o,,. 5ub-fr'lar-ket y3rj ii1,;:,,:r;er:i b,,. f,{31kst m**'i[..,'i;; , :,'-i- iiici-e lhair oiie i,::.ii.re Market yerii I private iia_, -

ridiiri!Ji)ri iy pet5i: :i.l:r:i :nan i\,lai.: ,, -f^liiiiiet

ili^re 0f mOfg thAii CIe fai-,"nef i :,,..,,*o,. .],-,.._-,-

manageC by perscrs +rher than Narne: icn",rnit u..ij' ''

after Sub-section (?i tne following sub_seciion shali ::iinserted, namely;_

"(3) no place or area as declared principal market or srrb- markets to be usecj for purchase oi sate of any agricurturarproduce specified in the notification ,s.ueO there under or ievy any fees on such agricu[ri.i piforce sord in themarket area by any other p.rron oi f iuf authority;. In the principal Act,

1ftgr clause (a) of Sub-section (L) of Secion t, the following .d;;. shail be ;;.*:;namely;-

"(aa) provided that, out of six members of Agricurturists, at least one shall belong to each;i d. following section of the Society :-

1. SC/Sf -- 1 member 2. OBC -lmember 3. Women 1 member Further provided. that, if no women Agricurturist is available as defined. under this nJ, io be elected as representative of Agriculturist within the market uru., ifrun the member shall be elected fr* tn.l.st section of the society. ' vr Lr r(:

ii !f principal Act, with Section g the following proviso shali be inserted, namely;_

"Provided that no immovable property shall be acquired ortransfered by way of sale, lease'or otf.,u*iru without theprior permission of the Director,,. In the Principal na, ll sub-section (a) of section 9 the words .'three years,, sfrarf Ue su'siit,lt"o by the words "five years", Amendment

Section 7

Amendment

Section I

Arnendment of

section 9

7.of

Alvl*r-odrmemt *f Seati*sr t7

Insertion^of

new section^L9

Inseftion^of Chapter II A Classification of Market

in tlre FrEneipal &ef for liiestBon i;t. ine iolioiryin'; srreii b* substituted namelY;-

'. The President of the Market Corytmircee ma',r resign I'rl:

office at any time in writing acjci'essed to the ftirector ancj office sirall become vacant on the explry of fifteen ciear days from the date of such resignation, unless t'vithln the said period of fifteen days he withdraws^the resignation in writing addressed to the Firector"

In the Frimcipal Act, after Section !-9 the following section shali be insefted, namelY ;-

(i) "19 A(1) A motion of no confidence may be moved againsL the Presldent at a meeting of the Market Cornmittee which shall be held in the prescribed manner within 30 days of the date of received of the notice of motion of the^no confidence."

(ii)⁽²⁾If the motion against the President convent under^sub- section (1) is carried by a majority of not less than two third of the members of the Committee, ceased to^be President as the case maY be.

(iii) (3) The President shall not preside over the meeting, but such meeting shall be presided over by an officer of the State Govt. as the Director may appoint for the purpose. Hbwever, the President shall have the right to speak and other to take part in the proceedings of the meeting. (iv)⁽⁴⁾If the motion of no confidence is not accorded^as aforesaid or if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing vote of confidence in the same President shall be made until after the expiry of six months from the date of such scheduled meeting,

In the Principal Act, after chapter II, and before chapter III^thefollowing chapter and provisions there under shall be inserted, namely :-

Chapter II A

Classification of Market and Special Market

(i) 22 A The State Govt. / Director / Managing Director may classiff the market constituted under Section 4 tnto various categories on the basis of the criteria as may be prescribed.

10.

11.

Special Ftarket and Special Comrnodity

Market

(ri)

u.n2f ;'#r:te.Governmenr nray by Norrfication deciar.e co * * o J itv fl-,i"i: ;:f ::H, 1-1,r,*J -

1,."^Isi,'u. ;= r

as turn-ovei r*rinl',,7^'l'-:::t]1"_l-ut on of such aspecrs ,.qrirur.n/ serving large area ang. special infrastrulu.e addition ,;,f"9J,,1iffi'*Tf:I-.ditv, il 1. "*"ll-'o ,.

l'1fj€,nrLJ;i?:#:S,.'_',T,';?,":,j31(z)orsection

separate Marker d;;'ii* .ij,. :L Tlification, estabtish of provision, or trrir"n.ilo."' rrll.tctive, implementation notified as speciat ,urtuirnJu.- i:,T ^T:..fut. which are ro-section (2).

(3) att provisions for and in rt commi*ee ;;;;';, ,'" :';t.ll,,r9.i,gl tcj the Marker to the 'u'oJ'0".'ltl-9-oct

shall r

marker,il;;.j,r.-*I[i..iJij,oi[X"T,,#,lilo,,,rTj:l

(iii) 22. C (1) Save 4 every Market a-s provided under Sub-section 2 of section o r ro r r o'w1 n s ;;r',,?f # [T#Hrr...H g fl ;i ; J I ::[ :.1, Ag riculrurirrl-lro,,bu, nor r"u"# f; ,,n" Sta re Gow. fromamonsst the asricutturir[ ,.;,d;; ii ,n. Srate)_ Five.

_Traders (to be nominated bv the sr:ro r:^..- from amonsrt tnu truou* r..joi"jo il:,s_.:t:

Government

Market Comrnittees ,"_J,l ::::l]c rradrng licence in anv

nominared, ;, l;:.,? fijr:r:iii?L T,i,n. i,0",,",JMarket commiftee or spu*i r,r.'#:; _tffirlcence rrom rhe ,l;,.IyTl.,o9t Commissjoner or his nr where the special market is located il'J* of the area 4, The Coliector

s;.;;;i ili;ffi ::-?eiT;::. or the District in which

E r-Lr^r -

;;;[:

town Planner or the aurhorty exercisins such

6, Representative of the Registrar of Co - Ong -"* ' \!vrrl' ar ul L opcrative Societies 7, Director of Marketing of the State or cfficio member) - Ln.. his nominee (ex- B General Manao

n s .i c u r tu.j' r; ;?Lv,?i, j: :. ?:l m: ff ,.1#j,,,:8, J*,.

Constitution of

Market

Comrniftee for

Spdcial Market

Fresident and Vice President for Special Market

Executive

Connmittee for Special Market

9. Representative of other states where from arrivars are received by the special market (to be nominated by the respective State Government on receipt of request for such nomination by the state Government where speciar Market rs iocated * Three. (preferably growers) 10" Executive Mennber (to be appointed by the State Government. Executive member shall Act as the Market Secretary of the Market Committee) - One,

11. Agriculturar Marketing Advrser to the Government of India or his nominee - One.

(2) The Market Committee shall meet at least once in six months.

(iv) 22. D The Market Committee, for Special Market shall have President and Vice president who may be nominated by the State Government for such period as may be specified. The members shall hold office during the pleasure of the State Government.

(v) 22.8, (1) There shall be Executive Committee of the Market Committee of the Special Market consisting of (i). one representative of the traders hording the tradino license in the Market Committee of Special Uarket. (ii). One representative of growers.

(iii). Representative of the Registrar of cooperative Societies,

(iv), Director of Marketing or his nominee. (v). General Manager (or his nominee) of the State Agricultural l,4arketirig Board.

(vi). Executive Member of the Market Committee who shail Act as the Member-secretary of the Executive Comrnittee.

(vi) (2) In case of ernergency, the Executive commiltee may decide issues requiring approvar of the Market Committee. However, such decisions shall have to be approved by the Market committee within 45 days from the date, such decisions have been taken, Fairure in doin_o so or in the event of disapproval of such decisrons by ihe t,iarket Committee, such decisians shall stand null and voic.

Chlef Executive of tfue Market Comsnittee of Special Market, functions & Powers"

{viil f3). jhe Exeeutiye C.orni.nittee ineei i:i., i! nere_r$ary. but at leasi J:.i,6 rn t ; ,fh:

{viii) 22.F. Executive member- ol the ;,{arKei . ct, iiiae: ,!,ai Act as the Market Secretary of the Marker Cotnmitr:ee of the SpeciaI Market. The Naiket Secietarv srralj_ (i).-Exercise supervision and contror over the officers and staff of the Market Committee in rnatter of executive a.dministration, concerning accounts and records and disposal of alr questions ierating to the seryices of the officers and staff of the t,larkel Committee as per theprescribed procedure. (ii). Appoint officers and staff of the Market committee as per direction and procedure prescribed by the Market

Committee.

(iii). Incur expenditure from the Market Committee fund

for the sanctioned items of work.

(iv). In cases of emergency, direct the execution or

stoppage of any work and doing of any Act which requires

the sanction of the Market Committee.

(v). launch prosecution for vioration of provision of this Act

and rules and by-laws made thereof.

(vi). Issue licences to the functionanes operating in the

market.

(vii). Prepare Annual budget of the Market Committee.

(viii). Arrange for summoning the rneetings of the Market

Committee and maintenance of records of the proceedings

of such meetings.

(ix). Inspect from time to time the construction work

underhken by the Market Committee and send repoft of

such inspection to the Chairman of the Market Commiftee.

(x). report such acts of the Market Committee or members

of the Market Commitiee including the Chairman and Vice-

Chairman which are contrary to the provisicns of this Act

and Rules and by-laws framed thereof to the Director of

Marketing.

Arnendrnent of sub-section (1) of section²⁹ Insertion^of Chapter M Procedure^and forn'l^of

contract farming agreement

12.

(xi). Take such steps as deemed necessary for effective discharge of the functions and decisions of the Market Committee.

in the Principal Act, for Suh-section (1) of Section 29 the following shall be substituted namely;-

"(1) The Market Committee may appoint Market Secretary from among the professionals drawn from open market with the approval of director as per recruitment rules of the State Govt. The salary and condition of service of Market Secretary so appointed by the Market Committee shall be such as may be prescribed,

if the Market Committee fails to appoint Market Secretary as stated above, the State Govt. may appoint a person from amongst the nominated members of the Committee as Market Secretary and that appointment shall be binding on the Market Committee,"

In^thePrincipal Act, after chapter IV, and before chapter V the following chapter and provisions there under shall be inseted, namelY ;-

"Chapter IV A Contract Farming"

29 B Contract Farming shall be governed in the manner laid down herein after^: (1), Contract Farming sponsor shall register himself with the Market Committee or with a prescribed officerⁱⁿ such manner as may be prescnbed. (2) The Contract Farming sponsor shall get the contract farming agreement recorded with the offlcer prescribed in this behalf. The contract farming agreement shall be in such form containing such particular, terms^and conditions as n"tay be prescribed. Notwithstanding anything contained in Contract Farming agreement, no title, rights, ownership or possession shall be transferred or alienated or vested in the contract farming sponsor or his successor or his agent as a consequence arising out of the contract farming agreement, 13.

Insertion of new section 30 Aand30B Establishment

of private yards & direct

purchase of the

agricultural

produce from

agriculturists

(Direct

purchasino

from

producers)

(3). Dlsoutes irici^^ , mav be r;ilil; ilo-"oT .ol t:ntract Farrplxs agi-eernenr for setflemenr-iil il' u151orit, prescribed in uris behatf ,ftTj;'l 1 ll:d:,i';';ri

bed a uth o.itv'n u ii reso rve the

* _, ;T;?: Jff# [ I :ffi ,]]il :^:s"1.fi :ffi ,1;:

"'^

* ****** g,=;t".r.* * an Apdecisi< appea

i;:'^;;3rff pfff; :i,'#.T.ii"#s#iiI'#.,T:d:,T,'ff .? (s). rh a n o o J sio"iff #JJ? :, i,Yll TY ry..r s u b - s e ctio n (3 ) ,or.. oT,ioilu,noX:0.ff, liofl,^"i?:section (4) shall have enforceable as ,r.f., "unJ'te, clVll court and shall be recover

i!/;ft".f#*t;.;l{,*l"ii,;*,^-,:" :1,,::court of taw then

",,r.*ir.i..?". :_Sl# quesrion in any iii,ff ff['.'i'5;?'.g ?'[:".:re red, u n d e r rh e co n^tra^ctsponsor outside th; ;;kil

"t^"]9

" the contract farminsmarket fees in tn. i.rv .or;;,'u'o and in such a .uru, nJ zs.c. nooelO^11^on

_Contrad fi:r,lg tsreemenr and itsModel Specificarion, ;;l;;;, per SSHEDULE __s.. 14. rn the rr,:::?::11. in chaprer_V ^*;;:;;;,,,..I?Hffi-^newse#ioi 5o 1'=.ro 30 B sharr be irr5g4g6,

(i) ', 30 A lT.^?,:.^.p r.

^.uy ,.ef,]lt ligence to purchasea g ricultural, produce Uy urti btiJntng private yaro,^_o,oiru.t fi"om asricultu rists-i n ;;;; ffi ie m arker a rea for

(i) process of the notified agricultural produce:

[[1..|;:ffi#f notified asricultural produce of particutar

(iii) export of notified agricultural produce;

(iv) grading, packing and trans uar, ua alit,'* ;; no1i;J' ;,,Hi[?:i,;i"Jl.$n"' way by .il

€i"

Estab!ishrnent of eonsumer / farmer markets (direct sale by the producer) Amendment of section 31

\ ill

JU B. (i). Consurner / Farnrer ;-narket may De estabtisned by developing infrastructure as prescribec, by any person in any market area. At such place, producer of agriculturai produce himself may, as prescribed, sell his produce directly to the consumer.

Provided that the consumer may not purchase more than such quantity of a commodity at a time in the consumer market as may be prescribed.

(ii). Market service charge shall be collected on sale of agriculture produce by the seller and will be remitted to the proprietor of the consumer market.

(iii). Save as otherwise provided in this Act no market fee shall be levy able on the transac[ions undertaken in the consumer / Farmers market,

(iv). Licence for establishment of consumer / farmer market shall be granted by the State Govt. f Diredor.,, In the Principal Act, for Sub-section (1) and the proviso thereof of section 31 the following shail be substituted, namely;-

" (1) Any person who under Section 30 A desires to purchase notified agricultural produce direct from agriculturists or wishes to establish a private yard or under section 30 B desires to establish a consumer I farmer market in one or more than one market area and the person desires to use any place in the market area for the marketing of agricultural produce as desired by notification under section 4 or desires to operate in the market area by the trader, commission agent, surveyor, processor/ weighman, measurer etc. in relation to the marketing of agricultural produce shall apply for the licence as prescribed under section 30 for grant, renewal of licence in the manner prescribed by the State Govt. Provided that the Director ffidy, where a Market committee has not been constituted or has not started functioning, subject to any rules that may be made in this behalf, grant a licence for the marketing of agricultural produce or for operating in any market area as a trader, commission agent, processor/ weighman, measurer, surveyor, ware houseman or any other capacity.,,

15,

Arnendnnent of Sub-section (1) of Section 32 Amendment of sub-section (1) of section 34 1b.

77,

in the Prin6ip,11 4at thp rn,nrrr \/ n:,-.^-L^,-, t, -L -, t. . inserted in sr.rb-secii"i irj .T s.Iio'n'i', o"irr". .[ word " a l{arket Conrmittee .,,

1,,

tf Principai Act, for Sub-section {1) of Section 34the following shall be substituted, name.ly ;_

"(1) Dispute between the private or the consumer market and the Market Committee shali be referred to Director or any other Officer of State Govt. in tiris regard as may be prescribed.

Dispute between buyers and sellers of agricultur-al produce or their agent including any dispute regarding quality, weighG or payment or any matter in reration to the regulation of marketing of agricurturar produce in the market area shall be referred to respective Market Commitree.

The Director / Market Committee

arbitrator as the case may be for the

dispute."

may appoint an

settlement of the

Addition of new

Schedule to the

Act

1().

Schedule - B CONTRACT F'ARMII{G AGRE,

EI{T

1.3

{All clauses of the agreernent are sub.

"ConrenLs ora Moder ..;;;;;;;rr..J:n'1,]"ro*ffive expranatory nore siven unoer THIS AGREEMEI\T is made and entered into at 2006 beMeen....

. ,nu*n uo.,...,.j?i" pa*y or the ;:l::1,*n,.7 n':["]"i::ff"::'J,,n:il,1',='n'context or meanins rhereor mean and incrude his and assigns) of the one part and MiS.......a pW.l publir companies Act 1ss6 unot

t'ffi;t'

'::*orated under the provision^of

"""""""'herein after caller registered office at expression shall unless repugnant to the successor and assisns) of the other part. context or meanins'*llLr;:::'.r:tl ,tf ;:

AND WHERE AS' the parly of the second part is trading in agricultural use and alsoproviding technical know hoi,rr in respect .t ,.ro or.orrr,.r, ,r*;; ';]l,o ,,o ,

o.r, management, irrigation, harvesting & aiike things.

AND WHERE AS' the party of the second part is interested in the items of theagriculturat produce more paftrc;;;.r,ioned in Annexure requesr o*he party or tr,. *.ono ;.; o;

"; ; #;;,;:r:;..:iT:1 il:,:,.T; produce the items of agricultural produce menuoned in the Annexure I here to annexeo. Area in HecL

WHERE AS the

bearins rhe followinr:?J:::

first part is the owner / cultivaror or the asriculturar land

AruD !&THERH As/ the parry is hereto have agreed to reduce in writing the terms & conditions in the manner here in after appearing,

NOW, THESE PRESENCE WITNESSTH AND IT IS TIEREBY AGREED BY AND

BETWEEN THE PARTIES AS FOLLOWS:

Clause 1

The pafi of the first part agrees to cultivate and produce and deliver to the party of the second part and the paay of the second part agrees to buy from the parby of the first part the items of the agricultural produces, particulars of the items, quality, quantily and price of the items are more particularly mentioned in the Annexure I here to annexed. Clause 2

The Agricultural produce, pafticulars of which are mentioned in the Annexure I here to, will be supplied by the pafi of the first part to the party of the Second part within the period of .........,...........months/ years from the date hereof

It is expressly agreed between the parties hereto that this agreement is for Agricultural produce pa(iculars of which are described in Annexure I hereto and for a period of "" ' ""months/ years and after expiration of said period, these agreement will automatically come to an end

Clause 3

The party of the First part agrees to cultivate, produce and supply quantiby mentioned in Annexure i'hereto annexed to the party of the Second pat,

CEause 4 The party of the Fir-st part agrees to suppiy the quantity contractec according ic ouaiity specifications stipuiated in Annexure i. If the Agricultural produce is not as Der agreed qualifi standard, this party of the second part will be entiiled to refuse to take delivery of the Agricultural produce only on this count, Then

the

lhe

the

a) The pa(y of the First part shall be free to sell the produce to the party of the second paft at a mutually renegotiated price OR

b) in open market (to butk buyer viz exporter/ processor/ manufacturer etc.) and if he gets a price less than the price contracted, he will pay to the party of the second part for his investment proportionately less OR

c) In the market yard and if the price obtained by him is less than contracted price, then he will return proportionately less for the party of the second investment. In the event, the party of the Seccnd part refuses / fails to take delivery of the contracted produce for his own reasons then the party of the First part wilt be free to sell the produce in the open market and if the price received is lower than the contracted price viz dif;erence will be on account of the party of the second part and the parby of the second part shall pay the said difference to the party of the First part within a period of ..,,.... ..... ....days from asserting the said difference.

C!ause-5,

The party of the First Par"t agrees to adopt instructionl practices in respect of land preparation, nursery, fertilization, pest management, irrigation, harvestinq and any other as suggested by the party of the Second part from time to time and cultivate and produce the items as pei- specification mentioned in the Annexure-1 hereto.

{

;':* ':* s&

$ * e

H E

e . ,'a+ . ::6 :&

€ *

.€

:!E $

ffi #

tr * E;

eiasse$- It^isexpressly aqreed by and betleen the parties hereto that buying wili be as pe1 1-re following terrns and buying slips will be issued immediately after the purchase. Date Delivery point Cost of Delivery.

It is fufther agreed that it will be the responsibility of the pafi of the Second part to take in to possession of the contracted produce at the delivery point agreed after it is offered for delivery and if he fails to take delivery within

period then the pafcy of the First part will be free to selt the agricultural produce contracted as under :-

a) in the open market ( bulk buyer viz exporter/ processor/ manufacturer etc.), and if he gets a price less then the price contracted, he will pay to the party of the Second part for his investment proportionately less.

b) In the market yard, and if the price obtained is less than the contracted price then he will return proportionately less to the par1ry of the Second paft for his investment. It is further agreed that the quality maintenance in transit will be the responsibility of the party of the Second part and the pafi of the First part shall not be responsible of liable for the same.

Clause-7.

The pariy of the Second part shall pay to the party of the First part the price/ rate mentioned in Annexure-l when his crop;has been harvested and delivered to the pafi to the Second part after deducting all outstanding advances given to the pafi of the First part by. the pafi of the Second part. The following schedule shall be followed for the payment. t7

Claalse:& The parties hereto shall insure the eontracied produce mentipned in Annexure-1 hereto, foi- the period of--..----....---- against risk of losses due to acG of Gods destruction of specified assets, loan default and production and income loss and all other acts or events beyond the control of the pafties, such as very iow production caused by the serrous outbreak of a disease, epidemic, or by abnormal weather condition, flood, drought, hailstorm, cyclones, earth-quakes' fire and other catastrophes, war, acts of Govt., action existing on or after the effective date of this agreement which prevent totally or partially the fulflllment of the obligation of the farmer. Upon request, the party of the First part invoking such acts shall provide to the other party confirmation of the existence of facts. such evidence shall consist of a statement of ceftificate of the appropriate Governmental Deptt. If such a staternent or

certificates cannot reasonably be obtained, the pafi of the First part claiming such acts may

as substitute' thereof, make a notary statement describing in details the facts claimed and the

reasons why such a certificate or statement conflrming the existence of such facts.

Alternatively, subject to the mutual agreement between the two parties the party of the First part may fill his quota of the produce through other sources and the loss suffered by him thereby due to price difference, shall be shared equally between the parties, after taking in to

account the amount recovered from the insurance company, the insurance premium shaij be

shared equally by both the parties.

Clause-9.

The party of the Second part hereby agrees to provide following services to the party

of the First part during the period of cultivation and post harvest rnanagement, particulars of

which services are as follows:-

lt.

t ii

elausee$l The paty of Second part or ifls representatives agrees to have i-egular irrteractions with the farmers forum set up/named by the party of the First part cluring the perio6 of contract.

Clause-11.

The pafi of the Second paft or itis representatives at their costs shall have the right to enter the premises/fields of the pafi of the First part to monitor farming practices adopled and the quality of the produce from time to time.

CIause-12,

The party of the Second part confirms that he has registered himself with the registering Authority on

and shall pay the fees in accordance with the law prevailing in this regards to the Registered Authority which has. jurisdiction to regulate the marketing of agricultural produce which is cultivated on the land described

The party of the Second part has registered himself on _ with a single point registration Authority namely prescribed by the state in this regard, The fees levied by the iespective Registering Authority shall be borne by the party of the Second part Exclusively and will not be deducted in any manner, whatsoever, from the amounts paid to the party of the First part.

Clause-13

The pprty of the Second part will have no rights whaEoever as to the Tile, Ownership, Possession of the land/propety of the pa(y of the First part nor will it in any way aiienate the pafi of the First part from the land property particularly nor mortgagee, lease, subiease or transfer the land property of the First party in any way to any other person/ institution during the continues of this agreement.

Clause-14. The party of the second part shall submit true copy of this agreement signed by both the parties within a period of 15 days from the date of execution thereof with themarket committee/ registering authority as required by the ApMc Act/ any other registering authority prescribed for the purpose. Clause-1S.

Dissolution' Termination/ cancellation of the contract will be with consent of both the parties' such dissolution, termination/ cancellation deed wiil be communicated to theregistering authority within 15 days of such dissotution, termination/ canceration. Clause-16.

In the event of any dispute or difference arising between the parties hereto or as to the rights and obligations under this agreement or as to any craim, monetary or otherwise ofone party against the other or as to the interpretution uno .ffect of any terms and conditions of this agreemen! such dispute or difference shall be referred to arbitration authorityconstituted for the purpose of Authority decrared o, *" n*";; ffi:ilr, Cla,use-17.

In case of change of address of any party to this agreemen! it should be intirnated tothe other party and also to the Registering Authority.

'Clause-18.

Each pafi hereto will act in good faith diligently and

peformance of their responsibirities under this agreement

jeopardize the interest of the other.

honesHy with

and nothing

the other in the

will be done to

In Witness whereof the parties have signed these agreement on the .... ....day.. ..,.month............yea r fi rst above mentioned. SIGNED, SEALED AND DEUVERED by the

Within named .PARry OF THE FIRST PART,

In^thepresence of

1......

SIGNED, SEALED AND DEUVERED by the Within named'PARTY OF THE SECOND PART In the presence of

AsrstexElre - n p. B. Nath

Additional Secretary Law. Government of Tri-pu ra. Printed at the Tripura Gwernment pr;m

W*o

Prirtteci br The \IiuL.:i;:

Tripura Cor ernui.':ti F::;. -.. .:^.. - TGPA* l(r-{)5 -2007-200

GOVERNMENT OF TRIPURA

LAW DEPARTMENT

SECRETARIAT : AGARTALA

No.F.8 (11) Law/Leg-I/2020/2999-3000 Dated, Agartala, the 5th May, 2020. No. 1110 Registered No. N. E. 930.

TRIPURA GAZETTE

Published by Authority

EXTRAORDINARY ISSUE

Agartala, Wednesday, May 6, 2020 A. D. Vaisakha 16, 1942 S. E. PART--III-- Acts of Tripura Legislature

Tripura Gazette, Extraordinary Issue, May 6, 2020 A. D.

Tripura Gazette, Extraordinary Issue, May 6, 2020 A. D. Printed at the Tripura Government Press, Agartala. 11

No.2091 Registered No. N. E. 930.

TRIPURA GAZETTE

Published by Authority

EXTRAORDINARY ISSUE

Agartala, Saturday, October 31, 2020 A. D., Kartika 9, 1942 S. E. PART--III-- Acts of Tripura Legislature.

GOVERNMENT OF TRIPURA

LAW DEPARTMENT

SECRETARIAT : AGARTALA No.F.8 (14) Law/Leg-I/2020(L) Dated, Agartala, the 21st October, 2020. NOTIFICATION

Tripura Gazette, Extraordinary Issue, October 31, 2020 A. D.

3 Printed at the Tripura Government Press, Agartala.

Tripura act 015 of 1984 : The TRIPURA AGRICULTURAL PRODUCE MARKETS ACT, 1980

SECTIONS