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Gujarat Agricultural Produce Markets Act, 1963

(Gujarat Act No. 20 of 1964)

Last Updated 16th December, 2020 [guj008]

Chapter I

Preliminary

[(i) "agricultural produce" means all produce, whether processed or not, of agriculture and horticulture specified in the Schedule;]

[(ii) "agriculturist" means a person who ordinarily by himself or who by his tenants or hired labour or otherwise is engaged in the production or growth of agricultural produce but does not include a trader or broker in agricultural produce although such a trader or broker may also be engaged in the production or growth of agricultural produce. It also includes association of farmers by whatever name called, registered under any law for the time being in force and is engaged in aggregation of member farmers produce;]

[(ii-a) "Board" means the Gujarat State Agricultural Marketing Board established under Section 34;]

(iii) "broker" means an agent whose ordinary course of business is to negotiate and make contracts on payment of commission for purchase or sale of agricultural produce on behalf of his principal but does not include a servant of such principal whether engaged in negotiating or making such contracts;

[(iiia) "buyer" means a person, who himself or itself or on behalf of any person or agent buys or agrees to buy agricultural produce in the market;]

(iv) `bye-law" means a bye-law made under Section 60;

[(iv-a) "cold storage" means a cold storage as may be declared as market sub-yard under this Act;]

(v) "co-operative marketing society" means a society registered or deemed to be registered as such under the Gujarat Co-operative Societies Act, 1961 and engaged in the business of buying or selling of agricultural produce or of processing of agricultural produce and holding a licence;

[(v-aa) "contract farming" means farming by a person under a written agreement with agriculturist to the effect that his agricultural produce shall be purchased as specified in the agreement;

(v-aaa) "Contract Farming Agreement" means an agreement made for contract farming between the sponsorer and agriculturist;]

[(v-aab) "direct marketing" in relation to agricultural produce means direct wholesale purchase of agricultural produce from the farmers by the processors, exporters, bulk buyers and such other person outside the principal market yard, sub-market yard, private market yard and market sub-yard, or e-market established under section 31C;]

[(v-a) "Development Fund" means the State Agricultural Marketing Development Fund established under Section 34-L;]

(vi) "Director" means the Director of Agricultural Marketing and Rural Finance, Gujarat State;

[(vi-a) "e market" means a virtual platform created using information and communication technology for marketing activities in agricultural produce such as billing, booking, contracting, negotiating, information exchange, record keeping and other connected activities as are done electronically on computer network or internet;

[(vi-ab) "electronic trading (e-trading)" means trading of notified agricultural produce in which registration, auctioning, billing, booking, contracting, negotiating, exchange of information, record keeping and such other connected activities are done electronically on computer network or internet;

(vi-ac) "electronic trading platform (e-trading platform)" means electronic platform set up either by the State Government or its agency or a person licensed under this Act for conducting trading in notified agricultural produce through electronic media or by any means of communication in which registration, buying and selling, billing, booking, contracting and negotiating are carried out online through computer network or internet or any other such electronic device;]

(vi-aa) "export" means dispatch of agricultural produce outside the territory of India;

(vi-aaa) "exporter" means such person or firm who exports agricultural produce;

[(vi-aab) "farmer-consumer market" means a market yard established under section 31E;

(vi-aad) "Government agency" means Government of Gujarat or its department concerned dealing with agricultural produce marketing or the Director or the Board, as the case may be;]

(vii-a) "import" means bringing agricultural produce from outside the territory of India;

(vii-aa) "importer" means such person or firm who imports agricultural produce from outside the territory of India;]

[(vii) "general commission agent" a person who bonafide buys or sells agricultural produce on behalf of his principal, or facilitates buying or selling at primary and other level transactions on e-platform or any other mode of transaction and activities ancillary thereto, keeps it in his custody and controls it during the process of its sale or purchase and collects payment thereof, if required, from the buyer and pays it to the seller for an agreed commission, any agricultural produce on behalf of another person and does or offers to do anything necessary for completing and carrying out the transaction of such sale or purchase;]

(viii) "joint family" means an undivided Hindu family and in the case of persons other than Hindus a group or unit the members of which are by custom joint in estate or residence;

[(ix) "licence" means the license granted under the provisions of this Act;]

[(x) "licensee" means a person holding a license granted under the provisions of this Act;]

(xi) "local authority" means-

(a) a corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949); or

(b) a municipality constituted or deemed to be constituted under-

(i) the Bombay District Municipal Act, 1901 (Bombay Ill of 1901), or that Act as adapted and applied to the Saurashtra area; or

(ii) the Bombay Municipal Boroughs Act, 1925 (Bombay XVIII of 1925) or that Act as adapted and applied to the Saurashtra area or that Act as applied to the Kutch area; or

(c) a village panchayat constituted or deemed to be constituted under the Bombay Village Panchayats Act, 1959 (Bombay Ill of 1959) or a gram panchayat or nagar panchayat constituted under the Gujarat Panchayats Act, 1961 (Gujarat VI of 1961);

[(xii) "Managing Director" means the Managing Director of the Gujarat State Agricultural Marketing Board appointed under section 341;

(xii-a) "market" means a market established and regulated under this Act for the notified market area and also includes a market proper, a principal market yard, sub-market yard [market sub-yard], private market, e-market and such other markets as may be declared under this Act;]

[(xii-aa) "marketing" in relation to agriculture produce means all activities involved in the flow of agricultural produce from production point commencing at the stage of harvest till the same reaches to the ultimate consumers, viz. grading, processing, storage, transport, channels of distribution and all other functions involved in the process;]

(xiii) "market area" means any area declared or deemed to be declared to be a market area under this Act;

[(xiii-a) "market service charges" means the charges on account of or in respect of commission, brokerage, weighing, measuring, hammali (loading, unloading, and carrying), cleaning, drying, sieving, stitching, stacking, hiring, gunny bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing and such other charges as the Director may by order in the Official Gazette, specify;]

[(xiii-aa) "market sub-yard" means warehouse, silos, cold storage enclosure building or such other structure or place or locality declared to be market sub-yard or deemed to be market sub- yard under section 7A;]

(xiv) "market committee" means a market committee established or deemed to be established under this Act;

[(xiv-a) "market functionary" means a trader, a commission agent, buyer, hamal, processor, a stockist and such other person as the State Government may by order in the Official Gazette, declare;]

[(xiv-aa) "Market Yard of National Importance" means a market yard designated or notified as such under section 7AA;]

(xv) "market proper" means any area declared or deemed to be declared to be a market proper under this Act;

[(xv-a) "national agriculture market(NAM)" means an integrated market, without prejudice to any law for the time being in force, where buying and selling of notified agricultural produce and activities incidental thereto are carried out in India possessing marketing utility across time and space;

(xv-ad) "petty trader" in relation to agricultural produce means a non licensee trader who carries on purchasing or selling of notified agricultural produce in the quantity not exceeding such quantity as may be notified by the Director;]

(xvi) "prescribed" means prescribed by rules made under Section 59;

[(xvi-a) "prescribed authority" means an officer, an agency or the organization as the State Government may by order in the Official Gazette, appoint;

(xvi-aa) "private market" means the market for which the licence has been granted under Chapter IV A;]

(xvii) "principal market yard" means an enclosure, building or locality declared or deemed to be declared to be a principal market yard under this Act;

[(xvii-aa) "processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to;

[(xvii-aab) "processing unit" means processing unit declared as market sub-yard under this Act;]

[(xvii-aaaa) "registration" means registration made under this Act;]]

[(xvii-a) "regulations" means regulations made under Section 59-A;]

(xviii) "retail sale" means a sale of any agricultural produce not exceeding such quantity as a market committee may by bye-laws determine to be a retail sale in respect of such agricultural produce;

(xix) "rules" means rules made under Section 59;

(xx) "Secretary" means a Secretary of a market committee appointed under this Act;

[(xx-a) "special market" means a market declared as such under section 31 M;]

[(xx-b) "seller" means a person who sells or agrees to sell agricultural produce for consideration of a price;

(xx-c) "Schedule" means the Schedule appended to this Act;]

(xxi) "sub-market yard" means an enclosure, building or locality declared or deemed to be declared to be a sub-market yard under this Act;

[(xxia) "silo" means silo declared as market sub-yard under section 7A;]

(xxii) "surveyor" means a person who carries on the business of surveying agricultural produce in respect of its quantity, quality, refraction, price and such other factors as may be prescribed;

[(xxiii) "trader" means a person who carries on the business of buying or selling of notified agricultural produce and includes a cooperative society, joint family or an association of persons whether incorporated or not which carries such business for the purpose of selling, processing, manufacturing, or for any other purpose, as the case may be, except for the purpose of domestic consumption by himself;]

[(xxiii-a) "transportation" means carriage of agricultural produce by any means of transport from one place to another;

[(xxiii-ab) "UT" means Union Territory as specified in the First Schedule to the Constitution of India;]

(xxiii-aaa) "value addition" means processing, grading, packing or other activities due to which value is added to the agricultural produce;]

[(xxiii-aab) "warehouse" means warehouse declared as a market sub-yard under section 7A;]

(xxiv) "weighman" means a person engaged in the business of weighing or measuring agricultural produce;

(xxv) "year" means a period of twelve months commencing and ending on such dates as "may be prescribed.

Chapter II

Director and other Officers

Chapter III

Declaration of Market Area, Constitution of Markets and Establishment of Market Committees

(i) one principal market yard,

[(ii) sub-market yards,

(ii-a) market sub-yards, if any, and;]

(iii) all markets proper;

Chapter IV

Incorporation and Constitution of Market Committee its Powers and Duties

[(i) [ten agriculturists having land as such], whose names are enlisted in the voters' list published by the Election Commission of India for such market area, shall be elected by the numbers of managing committee of the primary Agriculture Credit CO-operative Societies dispensing agricultural credit in the market area;]

(ii) four members to be elected in the prescribed manner from amongst themselves [by the commission agents or traders, as the case may be whose licence granted or renewed under section 27 or 27A;] [who have traded in full conformity with the terms and conditions of the licence in the previous financial year and the fees payable by them has not remained unpaid];

(iii) two representatives of the co-operative marketing societies [situate in the market area, holding general licences, engaged in the business in conformity with their respective objects and have their last accounts audited in class A, B or C, as the case may be], to be elected from amongst the members (other than nominal, associate or sympathiser members) of such societies by the members of the managing committees of such societies:

(iv) one member to be nominated by the local authority (other than the market committee) within whose jurisdiction the principal market yard is situated from amongst its councillors or, as the case may be, members who do not hold any general licence:

(v) two members to be nominated by the State Government:

(b) The persons so nominated shall hold office for such period not exceeding two years as the Director may, with the approval of the State Government determine.

[(aa) The State Government may, by order published in the Official Gazette and for reasons to be recorded therein, extend the said term for a period not exceeding one year in the aggregate.]

(b) Save as otherwise provided in this Act, the term of office of the members of the market committee shall be co-extensive with the term of the market committee and also shall be deemed to extend to and expire with the day immediately before the [date of the appointment of an Administrator under clause (a) of sub-section (5)].

[(ii) A member, if removed under clause (i), shall be disqualified to be eligible for becoming a member of the same market committee for a period of six years.]

(i) he ceases to be a member of the electorate by which he was elected; or

(ii) he being a member of the class specified in clause (i) of sub-section (1) of Section 11 is granted a general licence under this Act; or

(iii) he being a member nominated by a local authority, ceases to be a councillor, or as the case may be, a member of the local authority, or is granted a general licence under this Act.

(i) if the licence has been obtained through wilful misrepresentation or fraud, or

(ii) if the holder thereof or his servant or any person acting on his behalf with his express or implied permission, commits a breach of any of the terms, conditions, or restrictions imposed by the licence, or

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

(iv) if the holder of the licence is convicted of any offence under this Act: [or]

[(v) if, the licensee has not carried out the sale and purchase of agricultural produce for which the licence has been granted or renewed in conformity with the terms and conditions of the licence for the entire previous financial year;

(vi) if, the market fee payable under section 28 of this Act remains unpaid:]

(i) to the Director, if such order has been made by a market committee, and

(ii) to the State Government, if such order has been made by the Director.

(b) On the agricultural produce brought in the [the principal market yard, sub-market yard or market sub-yard] for commercial transaction or for processing, if the permit issued under clause (e) has not been submitted, the market fee shall be deposited by the buyer or processor, as the case may be, in the office of the market committee, within fourteen days but before sale or resale or processing or export outside the [the principal market yard, sub-market yard or market sub-yard]:

(c) The market fee shall be payable by the buyer of the agricultural produce and shall not be deducted from the price payable to the agriculturist seller:

(d) The market functionaries, as the market committee may by bye-laws specify and in the case of market established under Chapter IVA of this Act as the Director may specify, shall maintain accounts relating to sale and purchase or processing or value addition in such manner as may be prescribed and submit to the market committee, the periodical returns, as may be prescribed.

(e) Any agricultural produce shall be removed out of the [the principal market yard, sub-market yard or market sub-yard] only in the manner and in accordance with the permit issued in such form, as may be prescribed. The vehicle carrying agricultural produce shall be accompanied by such proofs as may be prescribed.

(a) for carrying out any of the duties imposed on the market committee under this Act at all reasonable times enter and search any place, premises, or vehicle, and

(b) seize any article in respect of which he has reason to believe that an offence under this Act has been or is being or is about to be committed and any vehicle or animal which he has reason to believe to be in use or to have been used or to be about to be used for carrying such articles, and shall detain the same so long as may be necessary in connection with any proceeding under this Act or for a prosecution:

[Chapter IV-A]

Private Market, Special Market, E-Market, Direct Purchase Market, Farmer-Consumer Market and Contract Farming

(i) if not accompanied by the prescribed fee;

(ii) dues of the market committee are outstanding against the applicant;

(iii) the applicant is a minor or not bonafide;

(iv) the applicant is a defaulter of dues payable under this Act and rules or bye-laws made thereunder; or

(v) any other reasons as may be prescribed.

(ii) If the application is not disposed of, within a period of two -weeks from the date of receipt of request made under clause (i), the registration or as the case may be its renewal shall be deemed to have been granted.

(iii) The State Government in case of Director or, as the case may be, the Director in case of the managing body shall, on the basis of information received by him and after the expiry of period of two weeks, confirm that the application for registration or the renewal was submitted to the managing body or, as the case may be, the Director and that due action has not been taken by the managing body or, as the case may be, the Director for disposal of the said application, then-

(a) the Director, in case of the application made to the managing body, shall issue a certificate granting deemed registration or its deemed renewal within the period of two weeks;

(b) the State Government, in case of the application made to the Director, shall direct the Director to issue a certificate granting deemed registration or its deemed renewal within the period of two weeks.

(a) establishing a private market for-

(i) process [and trade] of the agricultural produce;

[***]

(iii) export of agricultural produce; or

(iv) grading, packing and adding value in any other way to the agricultural produce,

(b) establishing an e-market, or

(c) purchasing agricultural produce directly from the agriculturist in one or more market areas.

(i) the application is not accompanied by the prescribed fee;

(ii) the dues of the managing body are outstanding against the applicant;

(iii) the applicant is a minor or not bonafide;

(iv) the applicant is a defaulter of the dues payable under this Act, rules or the bye-laws made thereunder; or

(v) any other reasons as may be prescribed.

(a) the licence or the registration has been obtained through wilful misrepresentation or fraud;

(b) the holder of the licence or the registration or his servant commits a breach of any of the terms or conditions of the licence or the registration;

(c) the holder of the licence or the registration in combination with other licence or registration holder commits any act or abstains from carrying on his normal business in the market area with the intention of wilfully obstructing, suspending or stopping the marketing of agricultural produce in the market yard or sub-market yard and in consequence whereof the marketing of any agricultural produce has been obstructed, suspended or stopped;

(d) the holder of the licence or the registration has become an insolvent; or

(e) the holder of the licence or the registration incurs any disqualification, as may be prescribed.

(a) to the Director, if such order is passed by the managing body; and

(b) to the State Government, if such order is passed by the Director.

(i) The Chairman, to be nominated by the State Government;

(ii) The Vice-Chairman, to be nominated by the State Government;

(iii) not more than five agriculturists, to be nominated by the State Government from amongst the agriculturist residing in the State;

(iv) not more than five traders, to be nominated by the State Government from amongst the, traders holding trading licence in any market committees in the State. Out of the traders so nominated, at least two shall be the licence holders from the market committee of special market or special commodity market;

(v) The Municipal Commissioner or his nominee of the area where the special market or special commodity market is located, ex-officio;

(vi) The Collector of the District in which special market or special commodity market is located, or his nominee, ex-officio;

(vii) The Chief Town Planner or his nominee, ex-officio;

(viii) the Registrar of Co-operative Societies or his nominee, ex-officio;

(ix) The Director of his nominee, ex-officio;

(x) Executive Member, to be appointed by the State Government, who shall be the Secretary of the market committee;

(xi) The Agricultural Marketing Advisor to the Government of India or his nominee, ex-officio;

(i) one representative of the traders holding the trading licence in the market committee of Special Market Special Commodity Market, nominated by the Director;

(ii) one representative of agriculturists; to be nominated by the Director;

(iii) the Registrar of Co-operative Societies, Gujarat State or his nominee;

(iv) the Director or his nominee;

(v) executive-member of the Market Committee who shall be the Member-Secretary of the Executive Committee.

(i) exercise supervision and control over the officers and staff of the market committee in matters of executive administration concerning accounts and records and disposal of all questions relating to the services of the officers and staff of the Market Committee as per the prescribed 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 of stoppage of any work,

(v) sanction and launch prosecution for violation of the provisions of this Act or rules or bye-laws made thereunder,

(vi) issue licences to the functionaries operating in the market,

(vii) prepare annual budget of the Market Committee,

(viii) arrange for summoning the meetings of the market committee and maintenance of records of the proceedings of such meetings,

(ix) inspect from time to time the construction work undertaken by the Market Committee and send report of such inspection to the Chairman of the Market Committee,

(x) report such acts of the Market Committee or members of the Market Committee including the Chairman and Vice-Chairman which are contrary to the provisions of this Act or rules or by-laws framed thereunder, to the Director,

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

(1) The contract farming agreement shall be in such form containing such particulars and terms and conditions, as may be prescribed.

(2) The sponsorer shall furnish the copy of the agreement to the Board or to such offices and in such manner as may be prescribed.

(3) The agricultural produce covered under contract farming agreement when sold, shall be liable to such market fees as may be prescribed by the Board.

[Chapter-IVAA]

E-Trading

(a) the licence has been obtained through wilful misrepresentation or fraud; or

(b) the holder of licence or his representative or anyone acting on his behalf with his expressed or implied permission, commits a breach of any of the rules, regulations and terms or conditions of licence; or

(c) the holder of licence himself or in combination with other licence holder commits any act or abstains from carrying on his normal business in the market area with the intention of wilfully obstructing, suspending or stopping the marketing of notified agricultural produce; or

(d) the holder of the licence has become insolvent; or

(e) the holder of the licence incurs any disqualification, as may be prescribed; or

(f) the holder of the licence is convicted of any offence punishable under this Act.

[Chapter-IVAAA]

Regulation of Trading

(i) sale is made by the producer himself to any person for his domestic consumption in quantity up to such limits as may be prescribed;

(ii) brought for sale by head load;

(iii) purchase and sale is made by a petty trader;

(iv) purchase is made by an authorised fair price shop dealer from the Food Corporation of India, (FCI) "the State Civil Supplies Corporation" or any other agency or institution authorized by the Central or the State Government for distribution of essential commodities through the public distribution system; and

(v) the transfer of such agricultural produce to a cooperative society for the purpose of securing an advance therefrom.

Chapter V

Market Committee Fund and State Agricultural Produce Market Fund

(1) the acquisition of a site or sites for the market;

(2) the maintenance and improvement of the market;

(3) the construction and repair of buildings necessary for the purposes of such market and for the health, convenience and safety of the persons using it;

(4) the provision and maintenance of weights and measures;

(5) the pay, pensions, leave allowances, gratuities, compensation for injuries resulting from accidents, compassionate allowances and contribution towards leave allowances, pension or provident fund of, [and loans for such amount, at such rate of interest and for such purposes as may be determined by the market committee to the officers and servants employed by it];

(6) the expenses of and incidental to elections;

(7) the payment of interest on loans raised for the purposes of the market and the provision of a sinking fund in respect of such loans;

(8) the collection and dissemination of information regarding matters relating to crop statistics and marketing of the agricultural produce notified under Section 6;

(9) payment of contribution to the State Agricultural Produce Markets Fund;

(10) propaganda in favour of agricultural improvement;

(11) payment of allowances and travelling expenses to the members of the market committee and sub-committees; and

[(11 A) donation of an amount not exceeding twenty per cent of the Market Committee Fund (excluding the loans and funds raised or obtained for any specific purpose) for the charitable purpose within the meaning of section 2 of the Charitable Endowments Act, 1890 (VI of 1890) with the previous approval of the State Government and subject to such conditions, as it may impose; and]

(12) such other purposes under this Act as may be prescribed.

[Chapter V-A]

The Gujarat State Agricultural Marketing Board

(i) the Chairman, who shall be nominated by the State Government;

(ii) nine members to be elected from amongst themselves by representatives consisting of one member each of a market committee to be determined from amongst such of its members who are agriculturists by a resolution passed by such market committee;

(iii) three members to be elected from amongst themselves by representatives consisting of one member each of a Market Committee to be determined from amongst such of its members who are traders by a resolution passed by such market's Committee;

(iv) the Secretary to the Government of Gujarat, Agriculture and Rural Development Department or an Officer of that Department nominated by the Secretary, ex-officio;

(v) the Secretary to the Government of Gujarat, Co-operation Department or an Officer of that Department nominated by the Secretary, ex-officio;

(vi) the Registrar of Co-operative Societies, Gujarat State, ex-officio;

(vii) the Director of Agricultural Marketing, Gujarat State, ex-officio;

(viii) the Agricultural Marketing Advisor to the Government of India or his representative;

(ix) the Managing Director of the Board, ex-officio :

(b) Any dispute relating to the election of the members referred to in clause (a) shall be referred to the State Government or an officer authorised by the State Government in this behalf, and the decision of the State Government or the officer so authorised, as the case may be, shall be final.

(a) does not ordinarily reside within the State and whose name is not included in the electoral roll of the Gujarat Legislative Assembly prepared under the provisions of the Representation of the People Act, 1950 (XLIII of 1950), and which is for the time being in force; or

(b) has not completed the age of 25 years; or

(c) is of unsound mind and stands so declared by a competent Court; or

(d) is an uncertified bankrupt or undischarged insolvent; or

(e) has been convicted of any offence which, in the opinion of the State Government, involves moral turpitude; or

(f) is a Director, Secretary, Manager or other salaried officer of any incorporated company or any firm which has any share or interest in any contract or employment with, by, or on behalf of, the Board or any market committee; or

(g) has been, at any time, found guilty of an offence punishable under this Act.

(a) in the case of an elected member, from the date of publication of his name in the Official Gazette under sub-section (3) of Section 35A; and

(b) in the case of a nominated member, from the date of his nomination:

(a) becomes subject to any of the disqualifications mentioned in Section 34-B; or

(b) tenders his resignation in writing to, and such resignation is accepted by the Managing Director, and in the case of the Chairman, by the State Government; or

(c) is absent without the permission of the Board from three consecutive meetings of the Board;

(a) as regards the Managing Director, be such as may be prescribed, and

(b) as regards the other officers and servants, be such as may be determined by regulations.

(i) to co-ordinate the working of the market committees and other affairs thereof including programmes undertaken by such market committees for development of principal market yards, sub-market yards and provisions of infrastructural facilities and amenities;

(ii) subject to orders or directions, if any, of the State Government in this regard, to undertake the State level planning of the development of agricultural produce markets;

(iii) to administer the Development Fund;

(iv) with the prior approval of the State Government, to give advice to market committees in general or to any market committee in particular with a view to ensuring efficiency thereof;

(v) to approve proposals for selection of any new site by a market committee for establishment of principal market yard or sub-market yard.

(vi) where a market committee makes & request in that behalf to supervise and guide the market committee in respect of the construction of infrastructural facilities in, or in hinterland of, a principal market year or sub-market yard undertaken by the market committee;

(vii) where a market committee makes a request in that behalf, to supervise and guide the market committee in preparation of plans and estimates of construction programmes undertaken by the market committee;

(viii) to execute all works chargeable to the Development Fund;

(ix) to maintain accounts in such forms as may be prescribed and get the same audited in such manner as may be laid down in the regulations;

(x) to publish annually at the close of the year, progress report, balance-sheet, and statement of assets and liabilities and send copies thereof to each member of the Board, the State Government and the Director of Agricultural Marketing, Gujarat State.

(xi) to prepare and adopt budget for the ensuing year;

(xii) to make necessary arrangement for education, propaganda and publicity on matters relating to regulated marketing of agricultural produce;

(xiii) to assist, undertake and promote market survey and research in the field of agricultural marketing;

(xiv) to assist and undertake collection, compilation, dissemination and publication of market intelligence and statistics in respect of agricultural produce;

(xv) to promote and undertake grading and standardisation of agricultural produce;

(xvi) to provide facilities for training of officers and staff of market committees;

(xvii) to arrange and organise seminars, workshops, camps, conferences, exhibitions in the State on agricultural marketing;

(xviii) to grant subsidy and loans to market committees for the purpose of this Act on such terms and conditions the Board may by regulations determine;

(xix) where a market committee makes a request in that behalf, to give assistance to the market committee in technical, legal and administrative matters and maintenance of staff for rendering such assistance;

(xx) to promote and assist orderly marketing of agricultural produce in areas where there is no regulation of market under this Act;

(xxi) to do such other things and perform such other acts as it may think necessary or expedient for the proper conduct of its business and the carrying into effect the purposes of this Act.

(i) appoint officers and servants of the Board in accordance with the procedure prescribed by regulations;

(ii) exercise supervision and control over officers and servants of the Board;

(iii) incur expenditure from the Development Fund on 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 Board;

(v) prepare annual budget of the Board in consultation with the Director of Agricultural Marketing, Gujarat State, fro consideration of the Board;

(vi) arrange for internal audit of the Board;

(vii) arrange for convening and holding of the meetings of the Board and maintain records of proceedings of meetings of the Board in such manner as may be prescribed by regulations;

(viii) take such steps as may be deemed necessary for execution of decision of the Board;

(ix) authenticate, by his signature, orders, decisions and other documents of the Board;

(x) inspect construction works undertaken by the market committees, either from their own funds or loans or grants provided by the Board or any other agencies, and report omissions in such construction works to the Board and the Director of Agricultural Marketing, Gujarat State and take all corrective measures;

(xi) report to the State Government all such acts, either of the market committees or of the Board, as are contrary to the provisions of this Act, the rules and the regulations;

(xii) take such steps as may be deemed necessary for effective discharge of the functions of the Board.

(a) all contributions received by the Board from the market committees under sub-section (1) of Section 43-M;

(b) all contributions and grants made or sanctioned to the Board by the State Government under sub-section (2) of Section 34-M;

(c) any sums borrowed by the Board;

(d) all incomes or moneys received by the Board from any source whatsoever including income or charge levied by it or donations or grants, received from the local authorities, market committees or other institutions and individuals;

(e) amounts recovered as an arrear of land revenue under sub-section (3) of Section 34-T;

(f) such other sums as the State Government may, from time to time, specify.

(i) from any scheduled bank or other bank or financial institution or other agency; or

(ii) by issue of debentures on the security of any property vested in the Board or on security of a part of its future income accruing to it under this Act.

(a) supervision, regulation and improvement of markets established for the purposes of this Act;

(b) giving aid to market committees in the form of loans or grants to unable them to discharge their duties and functions under this Act;

(c) payment of salaries, allowances, pensions, gratuities and compassionate grants to the Government servants, if any, serving under the Board:

(d) payment of allowances and fees to the members of the Board;

(e) imparting education and giving publicity in the matters connected with the regulated marketing;

(f) meeting legal expenses relating to the functions of the Board;

(g) giving technical and administrative assistance to market committees including maintenance of staff for rendering assistance to market committees for the following purposes, namely:

(i) Engineering;

(ii) Legal assistance; and

(iii) Inspection;

(h) imparting training to officers and servants of market committees or organising or arranging camps, workshops, seminars or conferences or exhibitions on development of marketing of agricultural produce;

(i) grading and standardisation of agricultural produce;

(j) market survey, research, and collection, compilation, dissemination and publication of market information and statistics;

(k) undertaking functions of a market committee in areas where there is no market committee or where a market committee is not viable;

(l) construction of principal market yards, and sub-market yards and leasing or transferring them to market committees;

(m) establishment and maintenance of office of the Board;

(n) expenditure on audit of accounts of the Board;

(o) sanctioning of loans and advances to the employees of the Board;

(p) with the prior approval of the State Government, any other purposes connected with the marketing of agricultural produce, in any market area or market declared or deemed to be declared as such under this Act;

(q) any of the matters connected with, or incidental to, any of the purposes specified in Clauses (a) to (p).

Chapter VI

Trade Allowance

Chapter VII

Offences, Penalties, Investigation and Procedure

(i) for a first offence, with fine which may extend to five hundred rupees.

(ii) for a second offence of the same nature, with fine which may extend to one thousand rupees, and

(iii) for any subsequent offence of the same nature, with imprisonment which may extend to one month and fine which may extend to one thousand rupees :

(a) wilfully neglects or refuses to furnish any information or to do any act, which he is bound to furnish or to do under this Act, or

(b) wilfully furnishes false information, shall on conviction, be punished with fine which may extend to fifty rupees.

(a) "company" means a body corporate, and includes a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

Chapter VIII

Control

(i) all the members as well as the Chairman and Vice-Chairman of the market committee shall as from the date of such publication be deemed to have vacated their respective offices.

(ii) The State Government may at its discretion, either order that a new market committee be constituted under Section 11 or make such arrangements for carrying out the functions of the market committee, as it may think fit; and

(iii) all the assets vesting in the market committee shall, subject to all its liabilities, vest in the State Government.

(a) to call for any proceedings of a market committee or an extract therefrom, any book or document in the possession or under the control of a market committee and any return, statement, account or report which the Director thinks fit to require such market committee to furnish; and

(b) to require a market committee to take into consideration-

(i) any objection which appears to the Director to exist to the doing of anything which is about to be done, or is being done, by such market committee; or

(ii) any information which the Director is able to furnish, and which appears to the Director to necessitate the doing of anything by the market committee, [***] to the Director within a reasonable time stating its reasons for not doing or not desisting from [***].

Chapter IX

Miscellaneous

(a) any market established therein shall cease to be a market, and

(b) the market committee or committees established for the market area shall stand dissolved and the following consequences shall ensue, namely:-

(i) the members of the committee or committees shall vacate their office;

(ii) the unexpended balance of the Market Committee Fund and other property and liabilities of the market committee shall vest in the State Government:

(i) the preparation and revision of list of voters for the purpose of any election under Section 11, determination of disputes arising in such election and payment of expenditure in connection with or incidental to such election;

[(ia) the form, manner and fee for application by the owner of warehouse, cold storage or such other structure or place for declaration such place as market sub-yard under section 7A;

(iam) the manner of contribution to the Development Fund under section 34M;].

(ii) the periodical inspection of all weights and measures and the weighing and measuring instruments in use in a market area;

(iii) the manner of control and supervision to be exercised by the market committee over Inspectors appointed under Section 15 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958);

(iv) the provision of facilities for the settlement of any dispute between a buyer and seller of agricultural produce or their agents including disputes regarding the quality or weight of the article, the allowances for wrappings, containers, dirt or impurities or deductions for any cause;

[(iv-aa)

(iv-11) the form, the particulars and the terms and conditions of, the manner in which and the officer to whom the contract farming agreement shall be furnished under section 31Q;]

[(iv-a) the manner of election of members of the Board under clause (a) of subsection (2) of Section 35A;

(iv-h) the manner in which inquiries into all or any of the activities of the Board shall be made under sub-section (1) of Section 35S;]

[(iv-ha) the manner in which the agricultural produce may be confiscated under section 51 A;]

(v) the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the market committee and the grant of sanction to such plans and estimates;

(vi) any other matter which is expressly required or allowed by this Act to be prescribed by rules.

(h) any other matter which is expressly required or allowed by this Act to be prescribed by regulations.]

(i) every market area, market, principal market yard, sub-market yard and market proper declared under any of the Acts so repealed and existing immediately before the commencement of this Act shall be deemed to be declared as such under this Act and the provisions of this Act shall apply thereto;

(ii) every market committee established for any market area under any of the Acts so repealed shall, notwithstanding anything contained in Section 11 but subject to the other provisions of this Act, be deemed to be a market committee established for the said market area under this Act and the members thereof holding office immediately before the commencement of this Act shall continue to hold office for the period for which they would have held office, had this Act not been enacted or until the market committee is duly reconstituted under Section 11 whichever is earlier :

(iii)any other thing done or action taken (including any appointment, order, notification, rule, bye-law made, licence issued, or fee imposed) under any of the Acts so repealed shall be deemed to have been done or taken, under the corresponding provisions of this Act and shall continue in force until it is superseded by anything done or action taken under this Act.

Schedule

[See Section 2 (I)]

I. Fibres

(1) Cotton (ginned and unginned).

(2) Sanhemp.

II. Cereals

(1) Wheat.

(2) Paddy (husked and unhusked).

(3) Jowar.

(4) Bajri.

(5) Nagli.

(6) Vari.

(7) Kodra.

(8) Maize.

(9) Sarsav.

(10) Bavto.

(11) Barley.

(12) Banti.

(13) Chino.

III. Pulses

(1) Tur.

(2) Gram.

(3) Udid.

(4) Mung.

(5) Val.

(6) Chola.

(7) Lang.

(8) Math.

(9) Peas.

(10) Kulthi.

(11) Splits (Dal) of pulses.

(12) Masur.

IV. Oilseads

(1) Groundnut (shelled and unshelled).

(2) Linseed.

(3) Sesamum.

(4) Safflower.

(5) Ambadi.

(6) Coconut.

(7) Cotton seed.

(8) Castor seed.

(9) Khursani.

(10) Niger-seed.

(11) Oilcakes.

(12) Thymol (Ajmoseeds).

(13) Dil seeds (shepa).

[(14) Kalingada Seed.]

V. Narcotics

(1) Tobacco.

VI. Gul, Sugar and Sugar Cane

VII. Fruits

(1) Mango

(2) Mosambi

(3) Santra

(4) Lemon

(5) Banana

(6) Grapes

(7) Pomegranate

(8) Fig

(9) Chicoo

(10) Strawberry

(11) Melons

(12) Water Melon

(13) Papaya

(14) Guava

(15) Bor

(16) Falsa

(17) Mango Chips

VIII. Vegetables

(1) Potato

(2) Onion

(3) Tomato

(4) Suran

(5) Leafy and fresh vegetables

(6) Yam

(7) Sweet potatoes

(8) Kochara.

IX. Animal Husbandry Products

[***]

X. Condiments. Spices and Others

(1) Turmeric

(2) Ginger

(3) Garlic

(4) Corriander

(5) Chillies

(6) Cardamom and pepper

(7) Variali

(8) Betel-nuts

(9) Betel-leaves

(10) Cashewmuts

(11) Cummin (Jiru)

(12) Rai

(13) Mathi

(14) Isabgul

(15) Asario

(16) Musli

(17) Gum (gundar)

(18) Tamarind

XI. Grass and Fodder

XII. Cattle Feeds

(1) Guwar

(2) Punvad.