(1) Subject to the provisions of sub- section (2), the Director may, for the reasons to be communicated in writing to the registration holder, suspend or cancel the registration, if
(a) the registration has been obtained through wilful misrepresentation or fraud;
(b) the holder of the registration or any one acting on his behalf commits a breach of any one or more of the conditions of registration;
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007
(c) the holder of the registration commits any act or z abstains from carrying on his normal business in the market area with the intention of obstructing, suspendi ng or stopping the marketing of specified agricultural produce in the principal market yard/sub-market yard and in consequence thereof the marketing of any specified agricultural produce has been obstructed, suspended or stopped;
(d) the holder of the registration has become insolvent
(e) the holder of the registration incurs any other disqualifications as may be prescribed and
(f) the holder of the registration is convicted of atiy offence under this Act.
(2) No registration shall be suspended or cancelled under this section without giving a reasonable opportunity to its holder to show cause against such suspension or cancellation.
I
83.
Contract Farming Redressal of dispute
5F. Contract Farming agreement shall be governed in the > manner laid hereinafter provided .-
(1) Contract Farming Sponsor shall register himself with the Deputy Commissioner of the district where the contract farming producer resides, in such manner as may be prescribed.
(2) The Contract Farming Sponsor shall also get the contract farming agreement recorded with the Deputy Commissioner of the district, where the contract farming producer resides, in such manner as may be prescribed in this behalf. The contract farming agreement shall be in such form and containing such particulars and terms and conditions, as may be prescribed.
Notwithstanding anything contained in contract farming agreement, no title, right, ownership or possession shall be transferred or alienated or will vest in the contract farming sponsor or his successor or his agent as a consequence arising out of the contract farming agreement.
(3) Disputes arising out of contract farming agreement may be settled by the Director. The Director shall resolve the dispute in a summary manner within thirty days after giving the parties a reasonable opportunity of being heard.
5G. Any dispute between the owners of private market yards, consumer/farmer market and the Market Committee shall be referred to the Director or his representative or any other officer authorised by the State Government in this regard, lite dispute shall be resolved after giving both the parties a reasonable opportunity of being heard.
Appeal against the decision may be preferred for disposal under section 5H in such manner as may be prescribed.
84 .THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 Appeal 5H.
Market yards and Sub-market yards, Farmer/Consumer Market and Private Market
51.
Amendment of section 13
8.
Amendment of section 14
9.
Any aggrieved person, concerning any matter under section 5B, 5C, 5D and 5E or a contract fanning sponsor or producer under section 5F against the decision o f the Director or an aggrieved person under section 5G against the decision of the director, may prefer an appeal before the State Government in the prescribed manner whose decision thereon shall be final and shall not be called in question in any court o f law. f In every market area, there may be-
(i) a principal mark .. yard and one or more sub-market yards managed by the Market Committee;
(ii) one or more than one private market yards managed by a person or a group o f persons or a body corporate other than the Market Committee;
(iii) one or more than one Farmer/consumer markets managed by a person or a group o f persons or a body corporate other than the Market Committee.” In the principal Act, in section 13, for sub-section (2), the following shall be substituted, namely ;- “(2) Where a Market Committee is established in any area, no person shall, subject to the provisions of sections 5A, 5B, 5C, 5D, 5E and 5F, use any place for buying and selling of specified agricultural produce and function as a trader, commission agent, broker, weighman, measurer, surveyor, warehouseman, transporter, processor or in any other capacity as market functionary within the market area unless a licence is issued to such person by the Market Committee on payment o f such fee and subject to such conditions as may be prescribed.” In the principal Act, in section 14, in the beginning, for the word “The”, following words, figures and punctuation marks shall be substituted, namely :- “Subject to the pro visions of sections 5A, 5B, 5C, 51), 5E and 5F of the Act, the”.
Amendment of section 21
10. In the principal Act, for section 21, except Explanation 1 and 2 thereof, the following shall be substituted and the said section along with Explanation 1 and 2 shall be deemed to have been inserted with effect from 3,d September, 1974, namely Power to levy cess 21(1) Every Market Committee shall levy and collect a cess on the agricultural produce bought or sold in the market area at a rate not exceeding two rupees for every'one hundred rupees of the aggregate amount for which a specified agricultural produce is bought or sold whether for cash or for deferred payment or other valuable considerations.
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(2) The Assam State Agricultural Marketing Board shall also have the power to levy and collect cess for any or all of the Market Committee(s) in the market areas in addition to the powers of the Market Committee (but not both), whenever felt necessary with approval of the State Government, on the agricultural produce bought or sold in such market area(s) at a rate not exceeding two Rupees for every one hundred rupees of aggregate amount for which a specified agricultural produce is bought or sold whether for cash or for deferred payment or other valuable considerations.
(3) No cess will be levied on goods manufactured from the agricultural produce on which cess is proposed to be levied and which are ultimately exported out of the ' Country.” Amendment of 11. In the principal Act, in section 21 A, the existing section 21A provision shall be renumbered as 21 A(l) and after sub section (1) so renumbered, the following sub-section (2) shall be inserted, namely “(2) In case of any specific need for prevention of evasion of cess the Assam State Agricultural Marketing Board may also establish composite check gate(s) for ill Market Committees and/or any check gate at any point, within any market area of any Market Committee whenever felt necessary with approval of the State Government.” Amendment of section23
12. In the principal Act, in section 23, for the figure and letter “3E”, the figure and letter “3D” shall be substituted.
M. A. HAQUE Secretary to the Govt, of Assam, Legislative Department.
GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam, Guwahati-21 (Ex-Gazette) No. 35-500+600-20-1-2007.