6 The Nagaland Gazette, Part-V 15, May, 2020 THE NAGALAND AGRICULTURAL PRODUCE AND LIVESTOCK MARKETING (PROMOTION & FACILITATION) ACT, 2017 AN ACT To provide for establishment improvement development and regulation of markets and marketing systems for agricultural produce and livestock in the State of Nagaland including processing and export thereof and for matters connected therewith or incidental thereto Be it enacted by the Nagaland Legislative Assembly in the ..... year of the Republic of India as follows:
CHAPTER - I: PRELIMINARY
1. Short title, extent and commencement,
(1) This Act may be called 'The Nagaland State Agricultural Produce and Livestock Marketing (Promotion & Facilitation) Act, 2017".
(2) It extends to the whole of Nagaland.
(3) it shall come into force on such date as the State Government may. by notification.
appoint.
2. Definitions.
In this Act. unless there is anything repugnant in the subject or context 1)'Ad-hoc buyer" means a buyer registered under Section 85 of this Act;
2)"Agrieulturat produce" means all produce and commodities, whether processed or unprocessed, of agriculture, horticulture. apiculture. sericulture, livestock, including products of livestock like fleeces (raw wool), skins of animals etc., as well as forest products excluding trees grown on private land, as are specified in the schedule or declared by the Government. by notification, from time to time and further includes combination of two or more such produce or commodities.
3)"Agriculturisi" means a person who is an indigenous resident of the notified area who is engaged in production of agricultural produce. by himself or by hired labour or otherwise, including a tenant engaged in agricultural production; "Agriculturist" also includes association of farmers, by whatever name called, registered tinder any law for the time being in force and is engaged in aggregation of member t'armers produce including livestock;
15, May, 2020 The Nagaland Gazette, Part- V 7
Explanation: If a question arises as to whether any person is an agriculturist or not. for the purpose of this Act. the decision of the Deputy Commissioner shall be final. Further, the expressions of land holder and tenant shall have the meaning assigned to them in the respective Land Reforms Act of The State.
4rAct" means NAPLM(P&F) Act. 2017" 5) Assaying lab" means a laboratory set up. as prescribed in the RulesiBye-lawslguidelinesJ instructions, for testing of quality parameters as per the tradable parameters or grade-standards or any other parameters notified by the competent authority;
6) "Board" means the Nagaland State Agricultural Produce and Livestock Marketing Board established under Section 96 of this Act.
7) "Business" means purchase, sale, processing, value addition, storage, transportation and all connected activities relating to agricultural and livestock produce.
8) "Buyer" means a person or a firm or a company or a cooperative Society or a Government Agency or a public undertaking or a Corporation or a commission agent, or a combination of more than one of these bodies, who himself or on behalf of any other person or agent, buys or agrees to buy agricultural and livestock produce as notified.
9) 'Bye-laws" means, subject to any Rules made by State Government under this Act, the byelaws which the Market Committee may. in respect of principal market yard and submarket yard(s) or market sub-yard(s) tinder its management, make for the regulation of business and conditions of trading therein";
10)' Cold storage in relation to market yard means cold storage declared as market sub-yard under Section 15 of this Act;.
I 1)'Comm.ission agent" means a person who buys or sells agricultural produce including livestock on behalf of his principal, or facilitates buying and selling at primary and other level of transaction, on c-platform or any other mode of transaction and activities ancillary thereto keeps it in 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, and receives by way of remuneration a commission or percentage upon the amount involved in such transaction;
I 2Dcpu1y Commissioner" means the Deputy Commissioner of the District or any Officer empowered to discharge the duties of the Deputy Commissioner under the provision of this Act.
I 3)"Dclincated Market Area" means a geographical area notified under Section 5 for the purpose of election of the Members of Market Committee and undertaking marketing related development therein;
14)"Direct marketing" In relation to agricultural produce, means direct wholesale purchase of agricultural produce from the farmers by the processors. ex-loaderfun-loaders, bulk buyers, etc.
outside the principal market yard, sub-market yard, private market yard and market sub-yard under Section 16 of this Act 15)'Electronic trading" means trading of notified agricultural produce including livestock in Which registration, auctioning, billing, booking, contracting, negotiating, information exchanging, record keeping and other connected activities are done electronically on computer network!
internet;
8 The Nagaland Gazette, Part-V 15, May, 2020 16) "Electronic trading platform" means electronic platform setup either by State Government or its agencies or a person licensed under Section 59 for conducting trading in notified agricultural produce including livestock through electronic media or by any means of communication in which registration, buying and sellina, billing, booking, contracting and negotiating are carried out online through computer network/internet or any other such electronic device:
17) "Export" means dispatch of agricultural produce to a place outside India under the laws in force.
18) "Exporter" means a person or a firm who or which exports agricultural produce.
19) 'Import" means bringing agricultural produce from outside to a place in Nagaland under the laws in force.
20) "Importer' means a person or a firm who or which imports agricultural produce from outside.
21) "Farmer-Consumer Market Yard" means market yard established under Section 14 of this Act;
22) "Farmer-Producer Company (FPC)' means a company of farmer-producer members as defined in Section IXA of the Indian Companies Act.] 956, including any amendments thereto re-enactment thereof and incorporated with the Registrar of Companies;
23) "Government" means the State Government:
24) "Governnaent/Administration Agency" means State Agriculture DcpaflrnentlDirectorate.
Nagaland State Agricultural Marketing Board (NSAMB). Agricultural Produce and Livestock Market Committee (APLMC) established or constituted under this Act;
25) "Licence" means licence granted under the provisions of this Act;
26) "Licensee" means a person holding a licence issued under the provisions of this Act;
27) "Livestock" means mithun, cows, buiThlocs , bullocks. hulls, goats and sheep, and includes poultry, fish and such other animals, and products thereof, specified in the schedule;
28) "Managing Director" means Managing Director of the State Agricultural Produce and Livestock Marketing Board appointed by the State Government, to exercise and/or perform such of'ihe powers and functions ofthe Managing Director or ChiefAdministrator orAdminislr8tor or Chief Executive Officer or ex-officio Secretary, or by whatever name it is called, of the State Agricultural Produce and Livestock Marketing Board;
29) "Market" means a market established under section 5 of this Act, which includes market area, market yards and sub-market yards and market committee, 30) "Market area" means area notified under Section 5 of this Act.
.3 1) 'Market charges" mean and include charges on account of or in respect of. commission.
weighing, measuring, loading and unloading and carrying, cleaning, drying, sieving, stitching.
stacking, hiring of bags. stamping. bagging, storing, warehousing, grading, surveying, transporting.
processing and other activities directly or indirectly connected to the purposes of this Act.
32) "Market Committee" means the Agricultural Produce and Livestock Market Committee established under the provisions of this Act or established under existing regulation.
33)"Marketing" means all activities involved in the flow of the agricultural produce from the production point commencing from the stage of harvest till these reach the ultimate consumers viz, grading, processing. storage, transport, channels of distribution:and all other functions involved in the process.
15, May, 2020 The Nagaland Gazette, Part- V 9 34)"Sub-market yard" means relation to a market, area means a specified place other than market yard and includes any enclosure, building or locality, declared as such in any market area by the State Government or NSAMB by notification.
33)"Market Sub-Yard" means warehousei silos/ cold storage or other such structure or place declared to be market sub-yard or deemed to be market yard under Section 15:
36"Market Yard" in rdiiun to delineated market area includes principal market yard, sub market yard and market sub-yard in such delineated market area notified by the Government, and managed & operated by the Agricultural Produce and Livestock Market Committee;
37rNlarket Yard of National importance" means a market yard as notified under Section 12 of this Act;
38rNational 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 including livestock and activities incidental thereto are carried out in India possessing marketing utility across time and space";
39)"Notificd Agricultural Produce and Livestock" means agricultural produce and livestock.
specified in the schedule of this Act;
40Over trading" in relation to a trader means the amount exceeding the value of the agricultural produce including livestock purchased at any point of time vis-à-vis to the amount of security deposited with or the bank guarantee he has ftirnished to the Market Committee;
41)'Person' includes individual, a co-operative society, a company or firm or an association or a body of individuals, whether incorporated or not;
42rretty Trader" in relation to agricultural produce means a non licensee trader under this Act who carries on purchasing or selling of notified agricultural produce in the quantity not exceeding of such quantity as specified in this Act and notified by the State Government as retail 43YPrescribed" means prescribed by Rules and/or Bye-laws made under this Act:
44)4i Private market yard" means such place other than the market yard/sub-market yard in the market urea where infrastructure has been developed and managed by a person for marketing of notified agriculture produce holding a license for this purpose under Section 13 of this Act.
45)4'Processing" means any one or more of a series of treatments relating to powdering, crushing.
deco.rticating, dehusking. polishing, pressing. curing, or any other manual, mechanical, chemical.
or physical treatment to which raw agricultural produce or its product is subjected to.
46)'Processing Unit" in relation to Market Yard means processing unit declared as market subyard under Section 15 of this Act;
47rProccssor" in relation to agriculture produce means a person that undertakes processing of any notified agricultural produce on his own accord or on payment of a charge;
48)"Registration" means registration made under this Act for the purpose as Specified:
49Regulatioa" means regulation made by the Board under Section 110 in accordance with the provisions of this Act;
50'ketai1 Sale" in relation to a notified agricultural produce means, a sale not exceeding such quantity as specified in this Act and notified by the State Government;
10 The Nagaland Gazette, Part-V 15, May, 2020 51)'Revolving Marketing Development Fund" means a non lapsable Fund maintained by Managing Director under Section 120(1) of this Act;
52)'.RuIe" means a rule made under this Act by the State Government.
53)Secreta" means, the Executive Officer of the Market Committee appointed under Section 54 of this Act.
54)"Seller" means a person who sells or agrees to sell agricultural produce including livestock for consideration of price;
55ySchedule" means the Schedule appended to this Act;
56)'Silo' means silo declared as market sub-yard under Section 15 of this Act;
57ySpccial Commodity Market Yard" means a market yard as notified under Section II of this Act:
58yState" means a State as specified in 1st Schedule of the Constitution of India;
59yTrader" means, a person who buys notified agricultural produce including livestock either for himself or as an agent of one or more persons for the purpose of selling, processing, manufacturing or for any other purpose, as the case maybe, except for the purpose of domestic consumption 60)'7ransportation" means conveying agricultural produce by a vehicle drawn by man, animal or any other power from one place to another in the course of its marketing.
61y"Transloader/unloader means a person or a firm who or which transports the agricultural produce.
62)" Value addition" means any activity performed like processing, grading, packaging etc. ,in relation to a agricultural produce by which the market value of the produce is increased; and 63)"Year" means the year as may be notified by the Government from lime to time, 64)%Varetwuse" in relatiumi to Market Yard means warehouse declared as marker sub-yard under Section 15 of this Act.
15, May, 2020 The Nagaland Gazette, Part- V 11 CHAFFER-IL: ESTABLISHMENT OF MARKETS
3. Notification of intention of regulating marketing of specified agricultural produce and livestock.
(I) The Government may. by notification in the official gazette, declare its intention of regulating the marketing of such agricultural produce and livestock in the State, as may be specified in the notification. The notification may be brought to the notice of the interested public by publishing in local language &. English on widely circulated platforms/media like newspapers, websites and such other formats.
Provided that no area within the limits of a municipality shall be included for regulation under this Act except after consultation with the Municipal Board or Municipal Council, as the case may he.
(2)A notification under sub-section(l)shall state that any objection or suggestion which may be received by the State Government or the Managing Director or the Member Secretary within a period of not less than 45 days, to be specified in the notification. shall be considered by the State Government or Managing Director or Member-Secretary.
(3) Government may hold consultations with Local bodies, including Panchayat Raj Institutions (PRis) and autonomous district councils in North-Eastern Region, who own and operate rural periodical markets or haats or any other such markets for marketing of agricultural produce and livestock within theirjurisdiczional area, to bring such markets under the regulation of this Act, so as to develop these markets to efficiently function as marketing platform nearest
4. Declaration of whole State as one unified market area.
Subject to the notification made under Section 3 and after considering such objections and suggestions as may be received from any source before expiry ofsuch period, the Government may. by another notification. declare the whole Slate as one unified market area specified in the notification issued under Section 3 for the purpose of regulation of marketing of all or any of the kinds of aricu1tural produce and livestock specified in the notification issued under Section 3 of this Act.
Explanation: The area so declared shall he a single unified market area for the whole State for regulation of marketing of notified agricultural produce and livestock.
5. Notification of delineated market area
(1) Subject to the provision made in Sections 3 and 4 the Government may, by further notification, delineate geographical area for a Market Committee as a delineated market area for the purpose of election of the Members of such Market Committee and undertaking developmental activities therein.
Explanation: The Market Committee shall notregulate marketing of notified agricultural produce and livestock in its delineated market area. The Market Committee will enforce regulation on marketing of notified agricultural produce and livestock within the principal market yard, submarket yard(s) and market sub-yard(s).
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(2) Subject to the procedure specified in Sections 3 and 5,Government/Administration may, at any time, by notification, exclude from any delineated market area, any area or include, therein an additional area or split one delineated market area in two or more such areas or amalgamate two or more such areas in one delineated market area, or may exclude any notified agricultural produce and livestock from regulation, or include any agricultural produce and livestoek, hitherto not regulated. for regulation under this Act
(3) After the alteration of delineated market area or the items of agricultural produce and livestock, if any, under Section 6, it shall not be necessary for the Managing Director to make any, declaration under this section unless he is of the opinion that it is necessary to declare any area, hitherto not declared, as delineated market area of any Market Committee.
6. Alteration/Amalgamation of delineated market area and of items of agricultural produce and livestock.
(1) Subject to the procedure specified in Sections 3 and 5, Government/Administration may, at any time by notification, exclude from any delineated market area, any area or include therein an additional area or split one delineated market area in two or more such areas or amalgamate two or more such areas in one delineated market area, or may exclude any notified agricultural produce and livestock from regulation, or include any agricultural produce and livestock • hitherto not regulated, for regulation under this Act.
(2)After the alteration of delineated market area or the items of agricultural produce and livestock, i1 an. under Section 6, it shall not be necessary for the Managing Director to make any declaration under this section unless he is of the opinion that it is necessary to dtctare an area. hitherto not declared, as delineated market area of any Market Committee
7. Principal market yard, sub-market yard, market sub-yard, private market yard, private market sub-yard, farmer-consumer market yard, private farmerconsumer market and electronic trading platform.
(1) Ina State. there may be-
(a) principal market yard(s) managed by the Market Committee;
(b) sub- market yard(s) managed by the Market Committee;
(c) market sub-yard (s) managed by the Market Committee;
(d) private market yard(s) managed by a person, holding a licence under Section 11;
(e) privatemarket sub-yard(s) managed by a persons holding a licence under Section J;
(t) farmer-consumer market yard(s) managed by the Market Committee;
(g) private farmer-consumer market yard(s) managed by a person. holding a licence under Section 14:
(h) electronic trading platforms managed by a license holder 15, May, 2020 The Nagaland Gazette, Part- V 13
(2) The Government shall, as soon as possible after the issue of notification under Sections 4 and 5, by a notification, declare any 'place' in the delineated market area as principal market yard or submarket yard or marker sub-yard or farmer-consumer market yard. as the case may be., managed by a Market Committee, for the purpose of regulation of marketing of notified agricultural produce and livestock, expressly or impliedly in physical. electronic or other such mode, under this Act.
Explanation: In this sub-section (2), the expression place' shall include any structure, enclosure, open space locality, street including warehouse/silos/pack house/cleaning, grading & packaging and processing unit vested in the Market Committee of the delineated market area.
The Government may, by notification, declare a place'. licensed under Section 79, to be private market yard, private market sub- yard, private fanner-consumer market yard, as the case may be, for marketing of notified agricultural produce and livestock, expressly or implicdly in physical, electronic or other such mode, under this Act.
Explanation: In this sub-section (3). the expression place' shall include any structure, enclosure.
open space locality, street including warehouse/silos/pack house/cleaning grading & packaging and processing unit vested in the person licensed for the purpose under this Act.
S. Procedures subsequent to notification under section 6.
(1) Any Inhabitant of the market area or of the areas affected by the notification issued under sub-section (1) of section 6 if he objects to anything contained therein, may submit his objections in writing to the State Government within the period specified for this purpose in the said notification.
(2) When the period specified in the said notification has expired and the State Government has considered and passed orders on such objection as may have been.submitted to it within the said period, the State Government may, by notification-
(a) include the area or any part thereof in the market area or exclude it there from, or
(b) constitute a new Market Committee, for the market area amalgamated or
(c) split up an existing market area and constitute two or more Market Committees for such areas, as the case may he; or
(d) dc-establish the market; or
(e) publish modified list of agricultural produce robe regulated in the market.
9. Effect of alteration of limits Where a notification under section 6 has been issued excluding any area from the market area and including any such area in any other market area, the Slate Government shall after consulting the market committee involved, frame a scheme to determine what portion of the assets and other properties vested in one market committee shall vest in the other market committee and in what manner the liabilities of the market committees shall be apportioned between the two market committees, and such scheme shall come into force on the date of publication in the gazette.
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10. Powers of State Government to issue consequential order with respect to constitution of Market Committees on alteration of limits, amalgamation or splitting up etc., 1) where a notification under section 6 has been issued, the State Government may pass such consequential orders as it may deem fit in respect of:
(i) where a notification is issued under section 6 excluding an area from any market area and such excluded area is not declared to be separate market area. or a notification is issued under sob-section (2), including any area within the market area, the market committee constituted for such market area before the date of such exclusion or inclusion shall, notwithstanding anything contained in this Act. continue to be the market committee for the said market area until the reconstitution of such market committee under this Act.
(ii) in the event of amalgamation of dissolved market committee, the committee-in-charge shall consist of the following members, namely:-
(a) A Chairperson to be nominated by the State Government.
(b) Five representatives of agriculturists to be nominated by the State Government.
(e) One representative of Traders to be nominated by the State Government.
(d) An officer each from the Departments of Agriculture/Agricultural Marketing.
Horticulture, Animal Husbandry and Veterinary Sciences, Fishery, Cooperation Department working in the district to be nominated on the recommendation of the Directors concerned.
(e) One member of the Wcighrnen operating in the market area holding licence from the Market Committee to be nominated by the Department of Legal Metrology and Consumer Protection.
(1) One reprcsc.ntati co l'ilic Local Authority of the headquarter of the committee (Chairperson of Municipal/Town Council).
(iii) Where in case of split up of a market committee each committee in-charge consisting of a Chairperson, five representatives of agriculturist and a representative of traders shall be constituted:
(a) Provided that the Chairperson of the dissolved market committee shall be nominated to be the Chairperson of the newly established market committee of which he is a voter or for the other market committee. The State Government shall nominate a Chairperson who possess the qualifications prescribed in sub-section (1) of Section 20.
(b) Representative of agriculturists of dissolved market committee shall also be nominated as members of newly established market committee and remaining representatives of the agriculturists shall be nominated by the State Government who possess the qualifications prescribed in the Rules of this Act.
(c) Representative of trader of the dissolved market committee shall he nominated as a member of the newly established market committee and for the other market committee, the State 14, May, 2020 The Nagaland Gazette, Part- V 15 Government shall nominate such licensed trader as representative of traders who possesses the qualifications prescribed in the Rules of this Act
(d) An officer each from the Departments of Agriculture, Horticulture, Animal Husbandry and Veterinary Sciences, Fishery, Cooperation Department working in the district to be nominated on the recommendation of the Directors concerned.
(e) One member of the weighmen to he nominated by the Director of Legal Metrology and Consumer Protection.
(1) One representative of the Local Authority of the place where the Market Committee is located (Chairperson of Municipal/Town Council).
The Committee-in-charge constituted under sub-section (I) shall, subject to the control of the Managing Director/Member- Secretary, exercise all the powers and perform all the duties of the Market Committee under this Act.
(2) The Provisions of Section 20 shall apply to the Constitution of a Market Committee under sub-section(I) as they apply to the constitution of a market committee for a market established for the first time, 11 Establishment and notification of Special Commodity Market Yard".
(1) Government/Administration may designate any existing market yard established under Section 7 (2) as "Special Commodity Market Yard" or establish and notify any market yard as "Special Commodity Market Yard" after consideration of such aspects as turnover of particular agriculture produce and livestock and special infrastructure requirements therefor. It may be-
(i) fruits, vegetables & flowers markets, including onion market, apple market, orange niar.ket pineapple market, banana market, kiwi market, tomato market, passion fruit market, condiments and spices market and other such market;
(ii) fibre crop market
(iii) medicinal and aromatic plants market;
(iv) livestock market including cattle market, piggery rLarket, fish market., poultry market and other such market; and
(v) any other such markets.
(2) All provisions for and in relation to the Market Committee made in the Act shall mutatis mutandis apply to the Market Committee established for "Special Commodity Market Yard".
12. Establishment and notification of "Market Yard of National importance (MN!)".
Government may designate and notify any existing market yard established under Section 7(2) as "Market Yard of National importance" or establish and notify any market as "Market Yard of National Importance" after consideration of such aspects as total turnover, value, upstream catchment area, down-stream number of consumers served and special infrastructure requirements 16 The Nagaland Gazette, Part-V 15, May, 2020 therefore: l'rovided that the market yard handling not less than such annual tonnage or such annual value, as may be prescribed, may be considered for conferring the status as the Market Yard of National Importance". Provided further that out of such annual tonnage or such annual value, .3Oper cent may arrive from not less than two other States.
13. Establishment of private market yard.
I) Subject to such reasonable conditions and such tee as may he prescribed, the Managing Director or the Officer authorized by him may grant a licence to a person to establish a private market yard, for trading of notified agricultural produce and livestock.
(2) The private market yard licensee, or its management committee, by whatever name it is called, may register commission agents and other market functionaries to operate in the licensed private market yard.
3) The private market yard licensee, or its management committee, may collect user charge on notified agricultural produce and livestock transacted in the private market yard, at the rate ad valorem not exceeding the rate as notified by the Government.
Provided that no user charge shall be collected from agriculturist-seller.
(4) The private market yard licensee shall cntrihute, of such user charge collection and registration fee, to the separate "Revolving Marketing Development Fund' maintained by the MD at the rate in percentage at par with Market Committee.
(5)The MD will spend the money from such Fund under sub-section (4) in development of common marketing infrastnicture, skill development, training, research and pledge financing and such other activities as will aid in creating an efficient marketing system in the State.
(6) The private market licensee shall formulate a Standard Operating Procedure (SOP) in tune with the Procedures and Guidelines laid down b the NSAMB tbr conduct of business and activities ancillary thereto in the licensed private market yard.
14. Establishment of farmer- consumer market yard (direct sale of agricultural produce by farmer to consumer in retail).
(1) Subject to such terms & conditions and fee, as may he prescribed, the MD may grant licence to a person to establish farmer consumer market yard for marketing of specified agricultural produce in retail.
(2) Such farmer-consumer market yard may be established by a person by developing infrastructure, as may be prescribed, and at a place accessible to both farmer(s) and consumer(s)
Provided that the consumer shall not purchase more Than such quantity of agriculture Produce at a time in this market, as may he prescribed.:
(3) The fanner-consumer market yard licensee may collect the prescribed user charge on the sale of agriculture produce from the seller and amount so realized shall be retained by farmerconsumer market yard licensee.
15, May, 2020 The Nagaland Gazette, Part- V 17
Provided further that Government, in public interest. may. from time to time, by notification.
put ceiling on the rate of collection of user charge.
15. Declaring warehouse/silos/cold storage or other sub structure orpiace as market sub-yard.
(I) Save as otherwise provided in this Act, the Government may. by notification, declare warehouse/silos/cold storage or other such structure or place with infrastructure and facilities as prescribed, to function as market sub-yard.
Explanation: the expression 'place' under this sub-section shall include any structure, enclosure, open space, locality, street including pack house/cleaning grading & processing unit etc
(2) The owner of such warehouse/cold Storage, or other such structure or 'place', as the case may be, desirous of declaration of such place as market sub-yard under sub-section (1).
shall apply to the Managing Director. in such form and in such manner and such fee, and also for such period, but not less than three years, as may be prescribed.
(3) The licensee of such warchouse!siloalcold storage or other such structure or place, may collect user charge on notified agricultural produce transacted at the declared market subyard under Section 15, at the rate ad valorem not exceeding the rate as notified by the Government.
Provided that no user charge shall be collected from agriculturist-seller.
(4) A declared market sub- yard licensee shall contribute, of such user charge collection, to the separate 'Revolving Marketing Development Fund" maintained by the MD at the rate in percentage at par with Market Committee. The Fund will be utilized for the purposes and in the manner mutatis mutandis to Section 13(5) of this Act.
16. Direct marketing (wholesale direct purchase from farmers outside the market yard, sub- market yard, private marketvard).
(I) Collection/aggregation centres in the proximity of the production areas may be set up by a person with infrastructure, as maybe prescribed, with linkages to retail chain, or processing/ export unit premises, or any other such unit premises as may be prescribed in accordance with the provisions of this Act and Rules made thereunder for marketing of notified agricultural produce.
(2) Notwithstanding anything contained under sub-section( 1). direct wholesale purchase can also be carried out outside the principal market yard. sub-market yard. market sub-yard.
private market yard by declaring the place of such purchase, without establishment of any permanent collection/ aggregation centra, as may be prescribed.
(3) Direct marketing licensee shall have to maintain records and all accounts relating to daily trade transactions and shall submit monthly report, as may be prescribed, to the Licensing Authority.
(4) The Licensing Authority can seek any type of additional intrmation from the direct marketing licensee, and can also inspect and issue direction relating to functioning of the wholesale purchases and the activities incidental thereto.
18 The Nagaland Gazette, Part-V 15, May, 2020
(5) The direct marketing licensee shall be liable to pay one-fourth of the applicable market fee on wholesale purchases made. The licensee shall deposit the due amount towards 'Revolving Marketing Development Fund" maintained by MD for the month by the 106 day of the next month. The Fund will he utilized for the purposes and in the manner mutatis mutandis to Section 13 (5) of this Act.
(6) Notwithstanding anything contained in the Essential Commodities Act. 1955. and Control Orders issued thereunder or any other law for the time being in force, the provision of stock limit shall not be applicable on such direct marketing licensee purchasing the agricultural produce for processing/export to the extent of his/its annual capacity of processing!export.
However, in case any dispute arises between the provisions of this Act and Essential Commodities Act. 1955, the latter shall prevail.
15, May, 2020 The Nagaland Gazette, Part- V 19
CHAPTER-111: CONSTITUTION OF MARKET COMMITTEE
17. Establishment of Market Committee and its incorporation.
(I) For every delineated market area there shall be a Market Committee consisting of a Chairperson. a Vice-Chairperson and other Members.
(2) Every Market Committee established under this Act shall be a body corporate by such name as the Government mayy, by notification, specify. It shall have perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract, acquire, hold, lease.
sell or otherwise transfer any property, both immovable and movable and to do all other things necessary for the purpose for which it is established.
Provided that no immovable or moveable property the value of which exceeds the prescribed limits shall be acquired or disposed of by the Market Committee without the prior permission of the MD.
Provided further that the Managing Director may, for the reason to be recorded in writing, revoke such permission before the completion of the acquisition or execution of the deed, as the case may he.
Provided also that Market Committee may.. with the prior approval of the ManagingDirector and after obtaining valuation certificate from the prescribed officer, enter into agreement.with the owner of any land or building and purchase such land or building.
(3) Notwithstanding anything contained in any enactment for the time being in force, every Market Committee shalt for all purposes, be deemed to be a local authority.
(4) The Market Committee shall be classified by the Managing Director, subject to the prescribed guidelines, considering turnover and other consideration as Managing Director deems lit, for the purpose of laying down the norms for staff. establishment expenditure and other
18. Vesting of property of Local Authority in Market Committee.
(1) The Market Committee may require a local Authority to transfer to it any land or building belonging to the local Authority which is situated within the delineated marker area and which, immediately before the establishment of the market yard, was being used by the local Authority for the purposes of the market and the local Authority shall, within one month of the receipt of the requisition, transfer the land and or building, as the case may be, to the Market Committee on such terms as may be agreed between them.
(2) Where within a period of thirty days from the date of receipt of requisition by the local authority under sub-section (1) no agreement is reached between the local authority and the Market Committee under the said sub-section, the land or building required by the market committee shall vest in the Market Committee for the purposes of thisAct and the. local authority shall be paid such compensation as may k- determined by the Deputy. Commissioner under subsectiOn(S).
20 The Nagaland Gazette, Part-V 15, May, 2020
Provided that no compensation shall be payable to a local authority in respect of any land or building which had been vested in it by virtue of the provision contained in the enactment relating to the constitution of such local authority without payment of any amount whatsoever may be, for such vesting.
Provided further that any party aggrieved by the order of the Deputy Commissioner may. within thirty days from the date of such order, appeal to the State Government.
(3) The Local Authority shall deliver possession of the land or building vesting the Market Committee under sub-section (2) within a period of seven days from such vesting and on failure of the Local Authority to do so, within the period aforesaid, the Deputy Commissioner shall take possession.of the land or building and cause it to be delivered to the Market Committee.
(4) The Deputy Commissioner shall fix the amount of compensation for the land or building having regard to-
(i) the annual rent for which the building might reasonably be expected to be let from year to year:
(ii) the condition of the building:
(iii) the amount of compensation paid by the Local Authority for the acquisition of such land: and
(iv) the cost of the present value of any building erected or other work executed on the land by the Local Authority.
(5) The compensation fixed under sub-section (4) may. at the option of the Market Committee, be paid in lump-sum or in reasonable number of equal instalments with interest thereon as the Deputy Commissioner may fix.
19. Acquisition of land for Market Committee and/or Board.
11 When anx land within the delineated market area is required for the purposes of this Act, and the Board or the Market Committee is unable to acquire it by ancmcaz. the Government may. at the request of the Board or the Market Committee, as the case may be, proceed to acquire such land under the provisions of"Nagaland Land Acquisition and Requisition Act.
1965" or any other relevant law as amended upto date, and on the payment of the applicable compensation awarded under that Act by the Board or Market Committee and of any other charges incurred by the Government in connection with the acquisition. the land shall vest in the Board or the Market Committee, as the case may be:
Provided that once a proposal is made by the Market Committee, it shall not be withdrawn by it except for such reasons as may be approved by the Government.
(2) The Board or the Market Committee shall not, without the previous Sanction of the Government. transfer any land which has been acquired for this purpose by the Board or the Market Committee under sub-section (l)ordivert such land to a purpose other than the purpose for which it has been acquired.
Provided that the premises used for principal market yard, sUb-market yard or for the purpose of the Board shall not be deemed to be included in the limits of the Municipal Corporation.
15, May, 2020 The Nagaland Gazette, Part- V 21 Municipal Council, Notified Area, Gram Panchayat or a Special Area Development Authority.
as the case may be.
20. Appointment of Office rs-incharge of Market Committee pending constitution of Market Committee.
(1) The first Market Committee shall be constituted for the first time for a delineated market area declared after commencement of this Act. All the members thereof including Chairperson and Vice-Chairperson, shall be nominated by the Government/Department. The first Market Committee so constituted may consist of Members including Chairperson and Vice- Chairperson, not less than fifteen, which may include ten agriculturist members, as maybe prescribed. Other seven Members may be-
(i) five Members, one each from departments of Agriculture, Horticulture. Animal Husbandry and Veterinary Sciences, Fisheries and Cooperation;
(ii) one from Cooperative Marketing Society; and
(iii) one from local Authority (Municipal Council. Town Council, Village Council, as the case
Provided that the Chairperson and Vice-Chairperson shall be so nominated from amongst the agriculturist members.
Provided further that Government/Administration may abide by the reservation policy of the Government in nomination of agriculturist Members.
Provided also that the Govcmrnent/Adminjstrjtjon may, if it considers expedient, Instead of nominating the Members of the Market Committee constituted for the first time, appoint an Administrator or the Board ofAdministrators; so appointed, shall, for all purposes, be considered to be the committee constituted for the first time.
2) Government or the Manazing Director shall, by an order. appoint a person to be the Officer-in charge of the first Market Committee for a period not exceeding one year.
Provided that in the event of death, resignation, leave or suspcnsioii of the officer-in-charce. a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as may he. hy appointment of a person thereto by the Government or the Managing Director and until such appointment is made, a person deputed/nominated by the Managing Director shall act as Officer-in charge. The services of Officer-in-charge shall he coterminous with the first Market Committee.
(3) The members including the Chairperson and Vice-Chairperson of the first Market Committee constituted under sub-section (1) shall hold office for a period not exceeding one year from the day of notification of Constitution of the committee.
Provided that if new Market Committee is constituted before the expiry of period aforesaid.
Members including the Chairperson and Vice-Chairperson shall cease to function on the date appointed for the first general meeting of the newly constituted Market 'Committee.
22 The Nagaland Gazette, Part-V 15, May, 2020
Provided further that Government or the Managing Director may, on proven misconduct, even before expiry of the period aforesaid, dismiss any Member including the Chairperson and Vice- Chairperson. In such event, a casual vacancy shall be deemed to have occurred and such vacancy shall be filled, as soon as may be, by nomination of a person thereto, as the case may be, by the Government or the Managing Director.
21. Composition of second and subsequent Market Committee.
(I) Save as provided in Section 20, a Market Coinmiuee constituted for a term of five years from the date of notification of it constitution, shall consist of—
(a) a Chairperson and a Vice —Chairperson elected under Section 25:
(Wien representatives of agriculturisis. of which not less than three shall be women, possessing such qualifications as may be prescribed, chosen by direct election from the constituencies of a delineated market area in accordance with the provisions of this Act and the Rules made thereunder:
Provided that no agriculturist may be qualified to be elected as representative of agriculturists of the second Market Committee unless he has sold his agricultural produce and livestock at least once in preceding one year, or five limes in five years for subsequent Market Committee, in the principal market yard or sub-market yard falling in the delineated market area.
(c) one representative of traders resident of a delineated market area, possessing such qualifications as may be prescribed, elected from amongst the licensed traders resident of such delineated market area:
Provided that no trader shalt be a voter of more than one Market Committee at a time.
Provided further that he is otherwise not disqualified fur being so elected under the provisions of this Act or any other law for the time being in force.
(d) nne reprecenlative of licensed commission agent, possessing such qualifications as may be prescribed, elected from amongst the licence holder commission agents, granted by the Market Committee:
Provided that no commission agent shall he a voter of more than one Market Committee at a time.
Provided further that he is otherwise not disqualified for being so elected under the provisions of this At or any other law for time being in force.
(e) one representative of the weighmen. loader/unjoaders and other market functionaries, possessing such qualifications, as may be prescribed, elected from amongst the licence holder weighmen, loaderfunloaders and other market functionaries, granted by Market Committee:
Provided that no weighmen, ioadeiunIoaders and other market functionaries shall be a voter of more than one Market Committee at a time.
15, May, 2020 The Nagaland Gazette, Part- V 23
Provided further that he is otherwise not disqualified for being so elected under the provisions of this Act or any other law for time being in force.
(2) Every Market Committee will have the following Committee Members:
(a) One representative of the co-operative marketing society functioning in the delineated market area who shall he elected by the managing committee of such society.
Provided that if more than one such society functions in the delineated market area, such Member shall be elected by all the Members of the managing committees of such societies.
Provided further that nothing in this clause shall apply if the managing committee of any society stands superseded under the provisions of the State Cooperative Societies Act.
(b) One representative each of the Agriculture. Horticulture, Animal Husbandry and Veterinary Sciences, Fishery, Cooperation Department working in the district to be nominated on the recommendation of the Directors concerned.
(c) One representative of the Town Council/Municipal Council that falls within the jurisdiction of the delineated market area nominated by the Chairperson of the Town Council/Municipal Council:
Provided that in the Market Committee situated at the district headquarters, the representative shall be nominated from amongst the Members of the Town Council/Municipal Council only.
(3) Only Members under sub-section (1) shall have a right to vote.
4) Government may make Rules for thepreparation ofvoters' list and conduct of election,
(5) Every election and nomination of the Member shall be notified by the Deputy Commissioner/Managing Director in the official gazette.
(() No person may be Member of the Market Committee more than two terms.
(3) The committee-in-charge constituted under sub-section(i) shall, subject to the control of the ManagingDirector/Member Secretary, exercise all the powers and perform all the duties of the Market Committee under this Act.
22. Division of delineated market area for market constituencies and reservation of seat.
(1) The Deputy Commissioner shall, by notification or otherwise, divide a delineated market area into as much number of market constituencies equal to the number of the representatives of the agriculturist to be chosen from such area, but not less than ten
(2) In case of directelection for agriculturist Members to a Market Committee, reservation of seats for women will be as per the Government policy, as may be prescribed.
23. Qualification to vote and be the representative of agriculturist.
(1) Every person- 24 The Nagaland Gazette, Part-V 15, May, 2020
(a) who is an indigenous inhabitant of Nagaland and resident of the notified area and whose name is entered as land owner inthe village land records or is i tenant as per the State's respective Land Reforms Act;
(b) who has completed the age of 18 years; and
(e) whose name is included in the voters list prepared under the provisions of this Act and the Rules made there under, shall be qualified to vote at the election of a representative of agriculturists:
Provided that no person shall be eligible to vote in more than one constituency.
(2) No person shall be qualified to be elected as a representative of agriculturists unless-(a) his name is included in the list of voters as agriculturist of the delineated market area;(b) he is otherwise not disqualified for being so elected under the provisions of this Act or any other law for time being in force.
(3)No.person shalt be eligible for election for more than one Market Committee or constituency as the case may be.
24. Provision for election.
Subject to the provisions of this Act, the Chairperson. Vice-Chairperson. Members of the Market Committee shall be elected in the manner prescribed in the Rules. Such Rules may provide also for preparation and maintenance of the lists of voters and their qualification and disqualification, reservation of seats and all matters connected thereto.
25. Chairperson and Vice-Chairperson of the Market Committee.
(1) Every Market Conunlee shall have a Chairperson and vice-Chairperson who shall be elected from amongst the members who are representatives of agriculturists.
(2) The Market Committee shall elect the Chairperson and vice-Chairperson at its first general meeting, which shall he convened, by the Managing Direciur or Member Secretary within one month of issue of notification by the State Government constituting the Market Qmniittee.
The Chairperson and vice-Chairperson.so elected shall hold office for the full term from the date on which he enters upon the office.
(3) The Chairperson and vice-Chairperson shall hold office until the expiry of his term of office or continue to hold office until his successor enters upon the office.
4) The meeting convened for the election of the Chairperson and vice-Chairperson shall be presided over by the Managing Director or Member Secretary or any Officers authorized by him in this behalf. The Managing Director/Member Secretary or such officer, when presiding over the meeting. has the same powers as the Chairperson of the Market Committee, but shall not have the right to vote.
15, May, 2020 The Nagaland Gazette, Part- V 25
(5) if in the election of a Chairperson and vice-Chairperson, there is an equality of vote, the result of the election shall be decided by lots to be drawn in the presence of the Officer presiding in such manner as he may determine.
(6) in the event of dispute. arising as to the validity of the election of a Chairperson or vice-Chairperson, the Deputy Commissioner or the Member Secretary, if he is the presiding officer, shall decide the dispute himself and in any other case. the officer presiding over the election shall refer the dispute to the Deputy Commissioner/Board for decision. The decision of the Deputy Commissioner/Board shall be final, and no suit or other proceeding shall lie in any court of Law in respect of such decision.
(7) Reservation of seats to election of the Chairperson and the Vice-Chairperson for women will he as per the Government policy, as may he prescribed.
(8) No person shall be eligible to contest election simultaneously for office of the Chairperson. Vice-Chairperson and a Member.
(9) if any delineated market area fails to elect a Chairperson and/or Vice-Chairperson, fresh election proceedings shalt he initiated to till the office within six months:
Provided that pending the election of Chairperson under this sub-section, the Vice-Chairperson elected shall discharge all the functions of the Chairperson.
Provided further that pending the election of Chairperson and Vice.-Chairperson under this Subsection, the officer authorized by the MD shall discharge all the functions of the Chairperson.
26. Term of the office of 'Chairperson, Vice-Chairperson and Members.
(1.) The Chairperson. Vice-chairperson and elected Member shall, save as otherwise provided in this Act, hold office for term of 5 years from the day of assuming the office or till the continuation of Market Committee, whichever is earlier.
(2) Notwithstanding anything contained in sub-section( I), a person who is a nominated Member of Mar1et Committee by virtue of being a representative of Cooperative Marketing Society. Aric tilt tire. Horticulture. A'U&V.Sc. Fisheries, and Cooperation department and Town!
Municipal Council. as the case may be, shall cease to be such member on his ceasing to be a Member of the managing committee of the Society or Town/Municipal Council concerned by efflux of his term of Office or otherwise, or re-nomination by the department, as the case may be.
27. Commencement of terms of office of Chairperson. Vice-Chairperson and Members.
(I) The term of office of the Chairperson, Vice-Chairperson and elected Members of a Market Committee shall commence on the date immediately after the expiry of the term of office of the outgoing office bearer of the Market Committee or on the date of first meeting of' the committee convened.
2) When not less than half of the representatives of agriculturisis, and not less than half of the total members of the Market Committee are available to function as Members after general election or at any time, the Market Committee shall. notwithstanding anything contained in this I.
26 The Nagaland Gazette, Part-V 15, May, 2020 Act, be deemed to he duly constituted or duly functional, and such Market Committee shall be competent to exercise the powers and perform the functions of the Market Committee.
28. Resignation of Members.
A Member of the Market Committee, other than ex-officio Member, may resign from his membership in writing delivered or caused to be delivered to the Chairperson of the Marker Cnmmin'e who shall acknowledge the receipt of same and the seat of such Member shall become vacant on the expiry of fifteen days from the date of acknowledgement of resignation unless within such period such Member withdraws his resignation in writing addressed to the Chairperson.
29. Resignation by Chairperson and Vice-Chairperson and vacancy in their office.
(1) The Chairperson and Vice-Chairperson may resign from their office at any time in writing addressed to the MD and the Chairperson respectively: and the office shall become vacant on the expiry of fifteen clear days from the date of such resignation. unless within the said period of fifteen days, they withdraw the resignation in writing addressed to the MI) or Chairperson, as the case may be.
(2) Every Chairperson or vice Chairperson shall vacate office if he ceases to he a member of the Market Committee.
(3) During the vacancy caused by resignation, death, removal or otherwise in the office of the Chairperson. the Vice-chairperson shall exercise the powers and perform the functions of the Chairperson till the Chairperson is duly elected, and if the office of Vice Chairperson is also vacant, then notwithstanding anything contained in this Act, the MD may appoint an Officer, who shall exercise the powers and perform the functions of the Chairperson till the Chairperson i dub clactod. During the vacancy caused by resignation, death, removal or otherwise in the office of the Vice—Chairperson. the Chairperson shall exercise the powers and perform the functions of the Vice—Chairperson till the Vice—Chairperson is duly elected.
30. No confidence motion against Chairperson and Vice-Chairperson.
(1) A motion of no confidence may be moved against the Chairperson and/or the Vice- Chairperson at a meeting specially convened for the purpose under sub-section (2). and if the motion is passed by a majority of the total Members of the Committee and not less than twothird of the Members present and voted, he/she shall cease to be the Chairperson or Vice- Chairperson, as the case may be
(2) For the purpose of sub-section (1) a meeting of the Market Committee shalt be held in the prescribed manner within thirty days of the date of receipt of the notice of motion of no confidence.
(3) No ex-officio Member of the Market Committee shall move the notice of no confidence. The ex-officio Member shall also not have power to vote on "no confidence motion" brought
(4) The Chairperson or Vice-Chairperson, as the case may be, shall not preside over the meeting, but such meeting shall he presided over by an Officer, whom the MD may appoint for the 15, May, 2020 The Nagaland Gazette, Part- V 27 purpose. However, the Chairperson or Vice-Chairperson, as the ease may he, shall have the right to speak and otherwise take part in the proceedings oldie meeting, but he/she cannot vote.
(5) If the motion of no confidence is not accorded as aibresaid or if the rnccting could not be held for want ofquoruni, no notice of any subsequent motion expressing vote of confidence in the same Chairperson or Vice-Chairperson shall be made until after the expiry of six months from the date of such scheduled meeting.
31. Leave of absence to Chairperson and Vice-Chairperson and consequences of absence without leave.
(1) Subject to the Rules made in this behalf. every Chairperson and every Vice- Chairperson officiating as Chairperson,, who absents himself from three consecutive meetings of the committee. without leave of the MD, shall cease to he the Chairperson on and from the date on which the third meeting is held.
(2) Suiect to the provisions of sub-section (1), every Vice-Chairperson, who absents himself from three consecutive meetings of the committee, without leave of the Chairperson, shall cease to be the Vice-Chairperson on and from the date on which the third meeting is held,
(3) Leave under sub-section (1) or (2) shall not he granted for six consecutive meetings of the Market Committee. Whenever such leave in extreme exigencies as prescribed is granted to the Chairperson on Vice-Chairperson, the MD shall appoint from amongst the eligible members of the Market Committee to discharge the duties and functions as Chairperson and Vice- Chairperson of the Market Committee. as may he prescribed.
32. Refusal to hand over the charge to new Chairperson or Vice-Chairperson.
(1) On election of the Chairperson or Vice-chairperson, as the case may be. the outgoing Chairperson or Vice-Chairperson shall forthwith hand over the charge ot'his office to the successor in office.
(2) If the outgoing Chairperson or Vice-Chairperson fails or refuses to hand over the charge of his office, under sub-section (1). the MD may, by order in writing, direct the outgoing Chairperson or Vice-Chairperson ', as the case may be, forthwith to haidover the charge of his office together with all records, funds and property of the Market Committee, if any. in his possession.
(3) If the outgoing Chairperson or Vice-Chairperson to whom a direction has been issued under sub-section (2) does not comply with such direction, the Managing Director or any Officer authorized in this behalf shall have the same powers as are vested in a Ck ii Court under the code of Civil Procedure. 1908 (5 of 1908). while executing a decree.
33. Seizure and taking possession of record and properly of Market Committee under certain conditions.
(1) Whc ro the MD is satisfied that the books and records of a Market Cnunittee are likely to be suppressed. tampered with or destroyed. or the funds and property of Market Committee are likely to be misappropriated or misapplied, the Managing Director may order for seizure and taking possession of the record and property of the Market Committee.
28 The Nagaland Gazette, Part-V 15, May, 2020
(2) On receipt of the Order under sub-section (1). the pollee officer not below the rank of sub-Inspector of the local area shall enter and search any place where the records and property are kept or are likely to be kept and seize them and hand over possession thereof to the Managing Director or the person authorized by him, as the case may be.
34. Establishment and Composition of Market Committee of MNI (I) Save as provided under Section 17(1). the Government may. by notification, constitute a separate Market Committee for effective implementation of provisions of this Act for such market yard(s) located in the Stale which is/are considered as the Market Yard(s) of National Importance" (MNI).
(2) All provisions for and in relation to the Market Committee. including election of Chairperson, Vice-chairperson and Members made in the Act, shall mutatis mutandis apply to the Market Committee constituted for Market yard of National Importance".
(3) Save as provided under Section 21, Market Committee of Market Yard of National Importance shall consist of
(1) one Chairperson
(ii) one Vice-Chairperson
(iii) lO(ten)Agriculturist, including 2 agriculturists one each from two other States wherefrom arrivals are received in the MNI (to be nominated by respective State Governments on receipts of requests for such nomination received from the Govt. where MNI is located)
(iv) one Trader holding the single unified licence. resident ofa delineated market area. possessing such qualifications, as may be prescribed, elected from amongst the licenced traders resident of such dtineated market area.
(v) one Trader holding the inter-state trading licence nominated by Government, as maybe prescribed
(vi) one representative of licenced commission agent as member, as may be prescribed -
(vii) one Agricultural Marketing Adviser to the Gal or his nominee not below the rank of Under Secretary to Got.
(viii) CEO- Municipal of the area or his nominee.
(ix) Chief Town Planner or the authority exercising such powers or his nominee.
(x) Managing Director or his nominee (ex-officio) not below the rank of Under Secretary to the Got,
(xi) one Executive Member (to be appointed by the Government. who shall function as the Secretary or CEO of Market Committee of MN!).
15, May, 2020 The Nagaland Gazette, Part- V 29
35. Appointment and functions of Secretary of the Market Committee of MN!.
The Secretary functioning as EO of the MN! Market Committee shall be appointed by the Government from amongst the. State's Civil Service Officers at least with ten years of service, or from the panel of professionals so maintained or on deputation from Central/State Government with experience of 10 years in agricultural marketing.
36. Executive Committee of MNI.
(1) The Executive Committee for MNI shall consist of-
(i) Chairperson of MN! —I
(ii) Trader holding the single unified licence of MNI -. ..... --- 1
(iii) Managing Director ,NSAPLM.B (ex- OffiCIO) or his nominee not below the rank of Under Secretary to Go! —1
(iv) Executive Member of the Market Committee of MM who shall be as the member Secretary of the Executive Committee I
(2) In case of emergency, the executive committee may decide Issues requiring approval of the Market Committee. Ho.vcr 'iuh decisions shall be approved by the Market Committee within forty five days from the dale such decisions are taken. Failure in doing so or in event of disapproval of such decisions by the market committee, such decision shall stand null and vOid, so however, that any such disapproval shall be without prejudice to the validity of anything previously done under that decision:
Provided that lithe Market Committee makes any modifications in such decision, the decision shall have effect only in such modified form from the due of such modificatton
(3) The Executive Committee shall meet .as often as necessary but at least once in a calendar month.
37. Term of office of Members of the Executive Committee of MNI.
The Members of the executive committee, shall hold the office during the pleasure of the Government.
38. Other provision of this Act also to apply to Market yard of National Importance.
All other provisions of this Act, not specified for Market yard of National importance".
shall mutatis mutandis apply to MNI established and notified under Section 12 of this Act.
30 The Nagaland Gazette, Part-V 15, May, 2020
CHAPTER—IV: CONDUCT OF BUSINESS AND POWERS AND DUTIES OF CHAIRPERSON, VICE—CHAIRPERSON, SECRETARY AND MARKET COMMITTEE.
39. Powers and duties of Chairperson.
(1) Without prejudice to the powers conferred under any other provision of this Act. the Chairperson of the Market Committee shall be the chief controlling and supervising officer of the Market Committee.
(2) The Chairperson shall-
(a) preside over the meetings of the Market Committee and the sub-committees and conduct business of such meetings.-
(b) eetings:
(b) watch over the financial, developmental and executive administration;
(c) in case of emergency direct the execution of stoppage of any work or the doing of any act which requires the sanction of the Market Committee.
40. Powers and duties of Vice —Chairperson.
The Vice —Chairperson of the Market Committee shall-
(a) save as otherwise provided in this Act or the Rules, in the absence of Chairperson, preside over the meeting of the Market Committee: and
(b) exercise the pous and perform the duties of th chairperson pending the election of the Chairperson or during the absence of the Chairperson.
41. Meeting of the Market Committee.
(I) Subject to the provisions of this Act. the Market Committee shall conduct its business as may be prescribed.
(2) A Market Committees shall meet for the transaction of its business at least once in every month, provided that the Market Committee may in special circumstances meet at anytime and at any place in the market area as may be prescribed.
(3) The Chairperson shall preside over the meeting of Market Committee and if lie is absent, one of the members present in the meeting may be chosen by the members present to act as the Chairperson.
42 Quorum and procedure at meeting.
One-third of the total number of Members of Market Committee shall form a quorum for transacting the business at a meeting of the committee. The procedure of the meeting will he followed, as may be prescribed.
43. Powers and duties of the Market Committee.
(1) Subject to the provisions of this.Act, it shall be the duty of the Market Committee- 15, May, 2020 The Nagaland Gazette, Part- V 31
(i) To implement the provisions of this Act, the Rules and the Bye-laws made thereunder in the principal market yard, sub-market yard(s) and market sub-yard(s) vested in it.
(ii) to provide such facilities for marketing of agricultural produce therein as the Managing Director /Member Secretary/Board or the State Government may from time to time direct;
(iii) to perform such other acts as may be required in relation to the superintendence, direct ion and control of principal market yard. submarket yard(s) and market sub-yard(s) or for facilitating marketing of notified agricultural produce including livestock therein, and for the purposes connected with the matters aforesaid, and for that purpose may exercise such powers and discharge such functions as may be provided by or under this Act.
(iv) to do all such other acts to bring about complete transparency in pricing system and transactions taking place in the principal market yard, submarket yard(s) and market sub-yard(s) vested in it.
(2) Without prejudice to the generality of the foregoing provisions, Market Committee shall -
(1) maintain and manage the principal market yard. sub-market yard(s) and market subyard(s):
(ii) provide the necessary facilities for the marketing of notified agricultural produce including livestock within the principal market yard, submarket yard(s) and market sub-yard (s) vested in it in the delineated market area;
(iii) grant/renew a licence to market functionaries, except traders, or refuse to do so;
(iv) suspend or cancel licence grantedlrenewed to market functionaries, except traders, and supervise the conduct of the market functionaries and enforce conditions of licence;
(v) regulate or supervise the auction. Hicluding auction of notified agricultural produce including livestock. in accordance with the provision and procedure laid down under the Rules made under this Act or Bye-laws of the Market Committee;
(vi) conduct or supervise the auction of notified agricultural produce in accordance with the procedure laid down under the rules made under this Actor bye-laws of the market committee:
(vii) regulate the making. carrying out and enforcement or cancellation of agreements of sales, wcighmcnt. delivery, payment and all other matters relating to the market of notified agricultural produce including livestock in the manner prescribed;
(viii) provide for the settlement of all disputes between the seller and the buyer arising out of any kind of transaction, including online, connected with the marketing of notified agricultural produce including livestock and all matters ancillary thereto;
(ix) promote Public Private Partnership for carrying out extension activities in its delineated market area viz, collection, maintenance and dissemination of information in respect of production. sale, storage. processing, prices and movement of notified agricultural produce:
32 The Nagaland Gazette, Part-V 15, May, 2020
(x)take measures for the prevention of purchases and sales below the minimum support prices affixed by the government from time to time:
(xi) levy, take, recover and receive rates. charges, fees and. other sums of money to which the Market Committee is entitled;
(xii) employ the necessary number of Officers and servants for the efficient implementation of the provisions of this Act, the Rules and the I3yelaws as prescribed;
(xiii) prosecute persons for violating the provisions of this Act, the Rules and the Byelaws and compound such offences:
(xiv) acquire land.and dispose of any moveable or inmiovahk property for the purpose of efficiently carrying out its duties:
(xv) impose penalties on persons who contravenes the provisions of this Act, the Rules or the Byelaws or the orders or directions issued under this Act, the Rules or the Bye-laws by the Market Committee. its Chairperson or by any Officer duly authorised in this behalf;
(xvi) institute or defend any suit, prosecution, action, proceeding, application or arbitration and compromise such suit, action proceeding, application or arbitration:
(xvii) handle the issues relating to pay. pension, allowances, gratuities. contribution towards leave allowance, provident Fund of the officers and servants employed by the Market Committee in the manner prescribed:
(xviii) administer Market Committee Fund referred to in Section 95 and maintain the account thereof in the prescribed manner;
(xix) cany out publicity about the benefits of regulation, the system of transaction, facilities provided in the principal market yard, submarket yard(s), etc. through such means as poster, pamphlets, hoardings cinema slides, film shows, group meetings, electronic media., or through any other means considered more effective or necessary; and
(xx) ensure payment in respect of transactions which take place in the principal market yard, sub-market yard(s) and market sub-yard(s) or ate-platforms to be made on the same day to the seller or in the maximum next day, ifprocedurally so required. In default to make the payment as aforesaid, provisions of Section 70(2) will apply. Save as provided in this clause, procedure of payment to the seller in case ole-trading will be mutatis mutandis to Section 632).
(xxi) in case of default, to seize the agricultural produce in question along with other property of the person concerned and to arrange for re-sale thereof and in the event of loss, to recover the same from the original buyer together with charges for recovery of the losses, if any, from the original buN erand effect payment of the prices of the agricultural produce to the seller;
(3) Without prejudice to the generality of the forgoing provisions. Market Committee may - 15, May, 2020 The Nagaland Gazette, Part- V 33
(i) take all possible steps to prevent adulteration of notified agricultural produce including livestock, if any;
(ii) set up and. promote Public Private Partnership in management of the agricultural markets;
(iii) promote linking of consumers to farmers or their groups through appropriate digital technology;
(iv) regulate the entry of persons and vehicles, traffic into the principal market yard, submarket yard(s) and market sub-yard(s) vesting in the Market Committee;
inspect and verify scales, weights and measures in use in a market yard, sub-market yard and market sub-yard vested in it and also the books of accounts and other documents maintained by the market functionaries in such manner as may be prescribed;
(vi) arrange to obtain fitness (health) certificate from veterinary doctor in respect of animals, cattle birds etc., which are bought or sold in the principal market yards. sub- marker yard(s), and market sub-yard(s);
(vii) recover the charges in respect of weighmen and hammals (loaders) and distribute the same to weighmen and hammals (loaders/unloaders) if not paid by the purchaser/seller as the ease may be;
(viii) collect and maintain information in respect of production, sale, storage, processing.
prices and movement of notified agricultural produce and disseminate such information as directed by the Managing Director / Government; and
(ix) reasonably act in the manner that traders do not hoard the agricultural produce and market functionaries may not form any cartel to jeopardize the interest of agriculturist--sellers.
(4) With the prior sanction of the Managing Director, the Market Committee may undertake -
(1) construction of internal/connecting roads, godowns and other infrastructure in the principal market yard, sub-market yard(s), market sub-yard(s) and delineated market area to facilitate marketing of agricultural produce including livestock and for the purpose give grant or advance Funds to the Board, or any other Department or undertaking of the State Government or any other agency authorized by the Managing Director.
(ii) maintain stocks of fertilizers, pesticides, improved seeds, agricultural equipment, inputs for sale;
(iii) to provide on rent storage facilities for stocking of agricultural produce to agriculturists.
(5) To promote and encourage c-trading, Market Committee may establish regulatory system. create infrastructure and undertake other activities and steps needed thereto.
34 The Nagaland Gazette, Part-V 15, May, 2020
(6) Market Committee may establish or allow to be established 3i party assaying/testing labs, and therefor, constitute a committee, as may be prescribed, to promote assaying, grading and activities and services incidental thereto.
(7) In addition to above, the market committee shall also be responsible for:
(1) the maintenance of proper cheeks on all receipts and payment by its officers:
(ii) the proper execution of all works chargeable to the Market Committee Fund:
(iii) keeping a copy of thisAct and of the rules and notifications issued thereunder and of its bye-laws. open to inspection free of charge at its office; and
(iv) arranging for preventive measures against spread of contagious livestock diseases.
44. Publishing data of agricultural produce.
To publish and circulate from time to time the data of arrivals and rates of agricultural produces standard-wise and brought to the market area for sale as may he prescribed.
45. Appointment of Sub-committee and delegation of powers Subject to such conditions and restrictions as may be prescribed, the market committee may appoint sub-committees consisting of one or more of its members for the performance of any of its duties or functions for reporting or for giving opinion on any matter and may delegate to any such sub-committee such of its powers as may be necessary.
46. Power to borrow.
(1) The Market Committee may. with the previous sanction of the Managing Director, raise money from banks and financial institutions, or issue debentures required for carrying out the purpose for Nvhich it is established on the securit of any property vested unit and of any fee user charge levyable by it under this Act.
(2) The Market Committee may, for the purpose of meeting the initial expenditure on lands, building, staff and equipments required for establishing the market, obtain a loan from the (iovernmentIAdministration or State Agricultural Produce and Livestock Marketing Board or other financial institution.
(3) The conditions subject to which money or loan under sub-section (2) shall be raised or obtained and the time within which the same shall be repayable shall be subject to the previous sanction of the State Government or the Board,
47. Compounding of offences.
(1) The Market Committee may accept from any person who has committed or is reasonably susp&ted of having committed an offence (other than contravention of Section 68) against this Act or the Rules or Bye-laws made thereunder, by way, of compounding of such offence
(a) Where the offence consists of the failure to pay or the evasion of any fec/user charge, or other amount recoverable under this Act or the Rules or the l3ve-laws in addition to the lee!
user charge or other amount so recoverable, a sum of money not less than the amount of the fee or other 15, May, 2020 The Nagaland Gazette, Part- V 35 amount and not more than five times the amount of fee or other amount to the maximum extent of rupees ten thousand.
(b) In other cases a sum of money not exceeding ten thousand rupees.
(2) On the compounding of any offence under sub-section(l), no proceeding shall be taken or continued against the person concerned in respect of such an offence, and if any proceedings in respect of that offence have already been instituted against him in any court, the compounding shall have effect of his acquittal.
48. Power to write off irrecoverable fee etc.
The Market Committee may write off any fee or amount whatsoever due to it, whether under a contract or otherwise, or any amount payable in addition therewith. if in its opinion such fees or an amount is irrecoverable:
Provided that the Market Committee shall, before writing off any such fee or amount, obtain the sanction of the Board, if the fee or amount exceeds rupees twenty five thousand.
49. Power to remove encroachment on market yard.
(I) Any officer or servant of the Market Committee, empowered by the Government in this behalf shall have power to remove any encroachment in a space in the principal market yard, sub-market yard(s) and market sub yard(s) vested in it and the expenses of such removal shall be paid by the person who has caused the said encroachment and shall he recovered in the same manner as arrears of land revenue.
(2) Existence of encroachment in market yard will he treated as misconduct of a Committee. if it does not resolve to remove it, and also of the Chairperson. or the Member Secretary if they fail to remove it after resolution of the Committee.
50. Use of weighing instruments, weight and measure, their inspection.
(1) Electronic weighing instruments which also satis1y the requirements of such weights and measures as are prescribed by the State Weights and Measure Act and the Rules made their under shall be used for weighing or measuring agricultural produce including livestock, as required. in the principal market yard. sub-market yard(s). market sub-yard(s), private market yard(s) and farmer —consumer market yard(s):
Provided that in transactions of sale and purchase of agricultural produce including livestock, as the case may be, beam scale or platform scale may be used but electronic balance shall preferably be used.
2) Every committee shall keep in the market yard at least one weighing instrument of the capacity of one quintal and two sets of weights and in places where measures are used to be measured, verified and stamped in accordance with the provisions of the State Weights and Measures Act and the rules framed thereunder.
(3) Weighing instruments, weights and measures kept by the committee under this section may at any time be inspected, examined and checked by the Managing Director or the Member Secretary 36 The Nagaland Gazette, Part-V 15, May, 2020 and after such inspection, the inspecting authority may give such directions as it may deem proper to the Committee which shall comply with such directions.
51. Mode of making contract.
(I) Subject to the provision of this Act, no contract or agreement on behalf of the Market Committee for the purchase. sale, lease, mortgage or other transfer of, or acquisition of interest in immovable property shall be executed except with the sanction of the market committee
Provided that in such cases where the powers under this sub-section in respect of any matter are delegated to a sub-committee, sanction of the sub-committee shall be obtained.
(2) Save as provided in sub-section (I ),-
(i) the Secretary of the Market Committee may execute a contract or an agreement on behalf of the Market Committee where the amount or value of such contract or agreement does not: exceed rupees five thousand regarding matters in respect of which he is generally or specifically authorized to do so by a resolution of the Market Committee
(ii) the Chairperson and the Secretary of the Market Committee, when the amount or value of such a contract or an agreement does not exceed rupees twenty thousand, depending on the class of the Market Committee as may be prescribed:
(iii) in any case other than those referred to in clause (i) of sub-section (2). a contractor agreement on behalf of the market committee shall be executed by the Chairperson. Secretary and one other member of the Market Committee who shall have been generally or specially authorized by a resolution of the market committee to do so.
(3) Every contract entered into by the Market Committee shall be in writing and shall be signed on behalf of the Market Committee by the person or persons authorized to do so under sub-section (2).
(4) No contract other than a contract executed as provided in sub-sections (1). (2) or (3) shall be valid and binding on the Market Committee.
(5) Where a contract or agreement is entered into on behalf of a Market Committee. the Secretary of the Market Committee shall report the fact to the Market Committee at its meeting convened immediately following the date of entering into such a contract or an agreement.
52. Act of Market Committee etc. not to be invalidated.
No act of Market Committee or of any sub-committee thereof or of any person acting as a member, Chairperson. Vice-Chairperson, presiding authority or the Secretary shall be deemed to be invalid by reason only of some defect in the constitution or appointment of such Market Committee. sub-committee, Members. Chairperson. Vice-Chairperson. presiding authority or the Secretary, or on the ground that they or any of them xNere disqualified for such office, or that formal notice of the intention to hold a meeting of the committee or of the sub-committee was not given duly or by reason of such Act having been done during the period of any vacancy in the ollice of the Chairperson, Vice-chairperson or the Secretary or Meniher of such Committee or sub-committee or for any other informality not affecting, the merits of the case.
15, May, 2020 The Nagaland Gazette, Part- V 37
CHAPTER -V: STAFF OF MARKET COMMITTEE
53. Constitution of State Agricultural Marketing Service.
(1) The State Government may. for the purpose of providing officers to the Market Committee, constitute in the prescribed manners a Service to be called Nagaland State Agriculture Marketing Service.
(2) The State Government may make rules in respect of recruitment, qualification, appointment, promotion, scale of pay, leave, allowance, acting allowance., loans, pension gratuity, annuity, compassionate fund, provident fund, dismissal, removal, conduct, departmental punishment. appeals and other service conditions of the members of the State Agricultural Marketing Service.
Provided that a market committee shall have the power of withholding promotion and stoppage of increment of the members of the State Agricultural Marketing service.
(3)The salary. allowances, gratuity and other payments required to be made to the members of the State Agricultural Marketing Services in accordance with the conditions of their service.
shall be charged on the Market Committee.
54. Secretary of Market Committee.
Every Market Committee shall have a Secretary. who shall be the executive officer of the Market Committee administering principal market yard, sub-market yard(s) and market subyard(s)vested in it and the custodian of all the records and properties of the principal market yards. sub-market yard(s) and market sub-yard(s)in the delineated market area'.
Provided that the Secretary should be graduate in agriculture/horticulture agricultural economics!
marketing/agribusiness and has also tudergone minimum three months in-service training or such training undertaken after recruitment.
Provided further that Managing Director may maintain a panel of professionals, which ma) include professionals from open market, for appointing to the post of Secretary to the Market Committee, as may be prescribed in the Rules. The Managing Director shall have powers to appoint Secretary from the services of the GovernmemJAdministratioflfBoard and on deputation also and such appointments shall be binding on the Market Committee.
55. Powers, functions and duties of the Secretary.
The Secretary shall exercise and perform the following functions and duties in addition to such other duties as may be specified in this Act, the Rules or Bye-laws, namely-
(i) To convene the meetings of the Market Committee and of the sub-committees, if any, and maintain minutes of theproceedings thereof.
(ii) To attend the meetings of the Market Committee and of every sub-committee and take part in the discussions but shall not move any resolution or vote at any such meeting.
(iii) To take action to give effect to the resolution of the committee and of the subcommittees, and report about all actions taken in pursuance of such resolution to the committee as soon as possible.
38 The Nagaland Gazette, Part-V 15, May, 2020
(iv) To prepare the budget proposal.
(v)To furnish to the Market Committee such returm, statements estimates, statistics and reports as the Market Committee may from time to lime, require including reports regarding-
(a) tines and penalties levied on and any disciplinary action taken against the Members of the staff and the market functionaries and others;
(b) over-trading by any trader;
(c) contravention of the provisions, of the Act, the Rules. the Bye-laws , the standing orders by any person;
(d) suspension or cancellation of licence by the Chairperson or the Managing Director;
and
(e) administration of the Market Committee and the regulation of the marketing in the principal marketyard. sub-market yard(s) and market sub-yard(s).
(vi) lo produce before the Market Committee such documents. books. registers and the likes as may be necessary for the transaction of the business of the committee or the subcommittee.
and also whenever called upon by the Market Committee to do so.
.(vii) To exercise supervision and control over the acts of all officers and servants of the Market Committee.
(viii) To collect fees/user charge and other money leyabIe by or due to the Market Committee.
(ix) To be responsible for all money credited to or received on behalf of the Market Committee.
(x) To make disbursements of all money lawfully payable by the Market Committee;
(xi) To report to the Chairperson and the Managing Director as soon as possible in respect of fraud. embezzlement, theft or loss of Market Committee Fund or property.
(xii) To prefer complaints in respect of prosecutions to be launched on behalf of the Market Conuniuee and conduct proceedings, civil or criminal, on behalfof the Market Committee.
56. Appointment of Accountant.
The Managing Director may. with such qualification as may be prescribed in Rules/Byelaws, appoint an accountant, who shall be responsible for maintenance of books of accounts of the Market Committee and assist the Secretary in discharge of his duties and perform of such duties as may be delegated to him by the Market Committee or the Secretary.
57. Appointment of staff by the Market Committee.
(1) Every Market Committee may appoint such other Officers and servants as may be necessary and proper for efficient discharge of its duties.
Provided that no post shall be created save with the prior sanction of the State Government!
Board.
(2) Subject to provisions in this Act/Rules. the Market Committee may make Bye-laws (or regulating the appointment. pay; leaves leave allowances, pensions gratuities, contribution to 15, May, 2020 The Nagaland Gazette, Part- V 39 Provident Fund and other conditions of service of Officers and servants appointed under subsection (1) and for providing for the delegation of powers duties and functions to them.
(3) Notwithstanding anything contained in this Act or any rules or bye-laws made thereunder, the Board may. subject to the conditions specified in sub-section (4), transfer on deputation any servant other than the Secretary, or servant of any Market Committee carrying a maximum scale of pay as prescribed to any other Market Committee of the District and it shall not be necessary to consult either the Market Committee or the servant concerned before passing an order of transfer on deputation under this sub-section.
(4) The Officer or servant concerned transferred under sub-section (3) shall:
(a) have his lien on the post held in the parent Market Committee;
(b) not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to, had he continued in the parent Market Committee:
(c) be entitled to deputation allowance at such rate as the Managing Director may by general or special order. speei'; and
(d) be governed by such other terms and conditions including disciplinary control as the Managing Director may, by general or special orders specify.
40 The Nagaland Gazette, Part-V 15, May, 2020
CHAPTER-Vi: E-TRADING
58. Establishment/Promotion of electronic trading platform.
(1) No person shall establish and run any electronic trading platform for trading in notified agricultural produce including livestock without obtaining a licence under this Section.
(2) Save as provided in sub-section (I). the Goveriunetu or its agencies may, however, establish a State-run c-trading platform for trading in notified agricultural produce including livestock, as may be prescribed.
59. Grant/ Renewal of licence to establish electronic trading platform.
ti ) Any person desirous of establishing an e-trading platform under Section 58 (1) shall apply to the MD or the Officer authorized by him in such form and manner along with such fee and security/bank guarantee and fulfilling such conditions, as may be prescribed.
(2)The application received under sub-section (I)for grant or renewal of licence may be accepted or rejected for reasons recorded in writing by the Licensing Authority.
Provided that the application received under this section shall he liable to be rejected on the condition(s) inutatis mutandis to condition(s) laid down for private market yard under Section
80.
(3) The c-trading platform managed and operated by a person or Government or its agencies, as the case may be, shall provide all infrastructures and services connected toe-trading.
as may be prescribed.
(4)The licensee or its management committee may collect user charge on sale transaction of notified agricultural produce including livestock on the c-trading platform:
Provided that no user charge shall he collected from agriculturist-seller.
Provided further that Government/Administration in public interest may from time to time. by notification, put ceiling on the rate of collection of user charge.
(5) The c-trading platform licensee shall contribute, independent of such user charge collection, to the separate "Revolving Marketing Development Fund" maintained by the MD at the rate of percentage at par with APLMC.. The Fund M ill be utilized for the purposes and in the manner mutatis mutandis to Section 13 (5) of this \c1,
60. Integration of warehouses/silos/ cold storages or other such structure or space, declared as market sub-yard to e-platform.
A licence holder under Section 79 (1) for market sub-yard desirous to link to c-platform of Government of India, may apply. through concerned Government, or its agencies, to the Department of Agriculture, Cooperation & Farmers' Welfare, in the form and manner ..as may be prescribed.
15, May, 2020 The Nagaland Gazette, Part- V 41
61. integration of private market.
A licensee of private market yard, desirous of integrating with e-trading portal, may apply through State Government or its agencies to the Central Government, as may be prescribed.
62. Interoperability of c-trading platforms.
In order to evolve a unified National Agricultural Market and integrate various eplatforms, the applications in the e.platform(s) should he interoperable as per specifications and standards laid down by the MD or the Authority designated therefor.
63. Payment to the sellers and maintenance of accounts.
(1) Notwithstanding anything contained in this Act, payment of notified agricultural produce including livestock traded on electronic platform shall be made same day of the sale transaction to the seller or in the maximum next day, if procedurally so required. in procedural exigencies on electronic trading, the payment to the seller may be made as prescribed in Rules and Rye-laws.
(2) The licensee or API-MC, as the case may be, shall maintain accounts of all the transactions taken place on electronic platform and submit such periodical reports and returns to the MD or the authorized Officer, at such time and in such forms, as may he specified by the competent authorit) from time to time.
64. Suspension or Cancellation of licence of electronic trading platform.
The MD may, for reasons to be recorded specii'ing the breach of any provision of Act!
Rules1Byc-laws instructions, orders, suspend or cancel the licence granted under Section 59, by passing a speaking order:
Provided that no order for suspension or cancellation of licence shall be passed without giving a reasonable opportunity of being heard.
65. Dispute settlement-(i) between/ among licensees under Section 59(1); and(ii) between/ among licensee and APLMC.
Any dispute arising between/among licensees of e-trading, platforms, or between/among the licensees and APLMC/State agencies, shall be resolved by the MD or the Officer authorized by him, in summary manner within thirty days, after giving the parties reasonable opportunity of being heard.
66. Dispute settlement with regard to intra-State trade —transaction.
In case of any dispute with regard to intra-State transaction on c-platform, the redressal thereof shall be done at the level of Management Committee of the licensee or the Market Committee. as 42 The Nagaland Gazette, Part-V 15, May, 2020 the case may be, through an administrative process, or through the process of conciliation and arbitration, or otherwise within seven working days; while in case of perishables it shall be within three working days. The management committee or Market Committee. as the case may be, shall dispose of the matter by issuing speaking order.
67. Dispute settlement with regard to Inter-State trade transaction.
In caseof any dispute arisingoutof inter-State trade transaction on eplatInn or anyother such platform, the Government can subscribe to become part of such Authority, which may be constituted by the Union Government or State Government/UT Administration under the existing law or any law to be framed therefor.
15, May, 2020 The Nagaland Gazette, Part- V 43
CHAPTER-Vu: REGULATION OF TRADING
68. Sale-transaction of notified agricultural produce and livestock.
(])All notified agricultural produce including livestock shall ordinarily be sold in the principal market yards. sub-market yards and market sub-yards licensed under this Act or not, private market yards or at the electronic trading platforms:
Provided that the notified agricultural produce including livestock may be sold at other places also to licence holder especially permitted in this behalf under this Act.
(2) In relation to agricultural produce, nothing in the sub-section (1) shall apply to the following sale and purchase where -
(1) sale is made by the producer himself to any person for his domestic consumption in quantity up to the limits prescribed under the Rules;
(ii):hrouJtt for We by head load;
(iii) purchase and sale is made by a petty trader;
(iv) purchase is made by an authorized fair price shop dealer from the Food Corporation of India, the State Commodities Trading Corporation" or any other agency or institution authorized bv the Central or/and State Government for distribution of essential commodities through the public dis