(1) Where the Director/Managing Director is satisfied that the books and records of a Market Committee are likely to be suppressed, tampered with or destroyed, or the funds and property of a Market Committee are likely to be misappropriated or misapplied, the Director/ Managing Director may order for seizure and taking possession of the record and property of the Market Committee.
(2) On receipt of the Order under sub-section (1), the police 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 to seize them and hand over possession thereof to the Director/ Managing Director or the person authorized by him, as the case may be.
Establishment and Composition of Market Committee of MNI.
32.(1) Save as provided under Section 14(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 State 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, Vicechairperson and Members made in the Act, shall mutatis mutandis apply to the Market Committee constituted for “Market yard of National Importance”.
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(3) Save as provided under Section 18, Market Committee of Market Yard of National Importance shall consist of –
(i) Chairperson ........................................... 1
(ii) Vice-Chairperson ................................... 1
(iii) Agriculturist… ......................................... 10 including 2 agriculturists one each from two other States where from 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) Trader holding the single unified licence, resident of a delineated market area, possessing such qualifications, as may be prescribed, elected from amongst the licenced traders resident of such delineated market area of MNI… ....................................................... 1
(v) Trader holding the inter-state trading licence nominated by Government, as may be prescribed 1
(vi) One representative of licenced commission agent as member , as may be prescribed------ 1
(vii) Agricultural Marketing Adviser to the GoI or his nominee not below the rank of Under Secretary to GoI 1
(viii) CEO/ Municipal Commissioner of the area or his nominee 1
(ix) Chief Town Planner or the authority exercising 35 such powers or his nominee ------------------ 1
(x) Director or his nominee (ex-officio) not below the rank of Under Secretary to the Uttarakhand Government ----------------------1
(xi) M.D. , SAMB ( ex- officio ) or his nominee not below the rank of Under Secretary to the Uttarakhand Government -----------------1
(xii)Executive Member (to be appointed by the Government, who shall function as the Secretary or CEO of Market Committee of MNI) 1 Appointment functions Secretary of Market Committee MNI.
and of the of
33.
The Secretary functioning as CEO of the 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.
Executive
34.(1) The Executive Committee for MNI shall consist of - Committee of MNI. (i) Chairperson of MNI… ............................ 1
(ii) Trader holding the single unified licence of MNI…..................................................... 1
(iii) Director or his nominee (ex-officio) not below the rank of Under Secretary to Uttarakhand Government … ..................... 1
(iv) M.D. , SAMB ( ex- officio ) or his nominee not below the rank of Under Secretary to Uttarakhand Government … ...................... 1
(v) Executive Member of the Market Committee of MNI who shall be as the member Secretary of the Executive Committee---------------1
(2) In case of emergency, the executive committee may decide issues requiring approval of the Market Committee. However, such decisions shall be approved 36 by the Market Committee within forty five days from the date 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 if the Market Committee makes any modifications in such decision, the decision shall have effect only in such modified from the date of such modification.
(3) The Executive Committee shall meet as often as necessary but at least once in a calendar month.
Term of office of Members of the Executive Committee of MNI.
35.
The Members of the executive committee shall hold the office during the pleasure of the Government.
Other provision of this Act also to apply to Market yard of National Importance.
36. All other provisions of this Act, not specified for “Market yard of National Importance”, shall mutatis mutandis apply to MNI established and notified under Section 9 of this Act.
CHAPTER-IV CONDUCT OF BUSINESS AND POWERS AND DUTIES OF CHAIRPERSON, VICE- CHAIRPERSON, SECRETARY AND MARKET COMMITTEE Powers and duties of Chairperson.
37.(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.
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(2) The Chairperson shall-
(a) preside over the meetings of the Market Committee and the sub-committees and conduct business of such meetings;
(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.
Powers and duties of Vice – Chairperson.
38. 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;
(b) exercise the powers and perform the duties of the Chairperson pending the election of the Chairperson or during the absence of the Chairperson.
Meeting etc. of the Market Committee.
39. A Market Committee shall meet for the transaction of its business at least once in every month on such date and at such time , as the Chairperson may determine:
Provided that the Market Committee may, in special circumstances meet at any time and at any place in the delineated market area, as may be prescribed.
Quorum and procedure at meeting.
40. One-third of the total number of Members of Market Committee shall form a quorum for transacting the business at a meeting of the committee. The procedure of the meeting will be followed, as may be prescribed.
38 Powers and duties of the Market Committee.
41.(1) Subject to the provisions of this Act, it shall be the duty of the Market Committee-
(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 subyard(s).
(ii) To provide such facilities for marketing of notified agricultural produce including livestock therein as the Director/Managing Director or the Government may from time to time direct.
(iii) To perform such other acts as may be required in relation to the superintendence, direction and control of principal market yard, sub-market 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, sub-market yard (s) and market sub-yard (s).
(2) Without prejudice to the generality of the forgoing provisions, Market Committee shall -
(i) maintain and manage the principal market yard, sub-market yard(s) and market sub-yard(s) within the delineated market area;
(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) in the delineated market area;
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(iii) grant/ renew a licence to market functionaries, except traders, or refuse it to do so;
(iv) suspend or cancel licence granted/ renewed to market functionaries, except traders, and supervise the conduct of the market functionaries and enforce conditions of licence;
(v) regulate or supervise the auction, including eauction 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) regulate the making, carrying out and enforcement or cancellation of agreements of sales, weighment, delivery, payment and all other matters relating to the market of notified agricultural produce including livestock in the manner prescribed;
(vii) provide for the settlement of all disputes between the seller and the buyer arising out on any kind of transaction, including online, connected with the marketing of notified agricultural produce including livestock and all matters ancillary thereto;
(viii) 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;
(ix) take measures for the prevention of purchases and sales below the minimum support prices as fixed by the government from time to time;
(x) levy, take, recover and receive rates, charges, fees and other sums of money to which the Market Committee is entitled;
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(xi) employ the necessary number of Officers and servants for the efficient implementation of the provisions of this Act, the Rules and the Bye-laws as prescribed;
(xii) prosecute persons for violating the provisions of this Act, the Rules and the Bye-laws and compound such offences;
(xiii) acquire land and dispose of any moveable or immovable property for the purpose of efficiently carrying out its duties;
(xiv) impose penalties on persons who contravenes the provisions of this Act, the Rules or the Bye-laws 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;
(xv) institute or defend any suit, prosecution, action, proceeding, application or arbitration and compromise such suit, action proceeding, application or arbitration;
(xvi) 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;
(xvii) administer Market Committee Fund referred to in Section-82 and maintain the account thereof in the prescribed manner;
(xviii) carry out publicity about the benefits of regulation, the system of transaction, facilities provided in the principal market yard , sub- market 41 yard (s) , etc. through such means as poster, pamphlets, hoardings, cinema slides, film shows, group meetings, electronic media etc., or through any other means considered more effective or necessary;
and
(xix) ensure payment in respect of transactions which take place in the principal market yard, sub-market yard(s) and market sub-yard(s) or at e-platforms to be made on the same day to the seller or in the
(3) maximum next day, if procedurally so required. In default to make the payment as aforesaid, provisions of Section 65(2) will apply. Save as provided in this clause, procedure of payment to the seller in case of e-trading will be mutatis mutandis to Section 59(2).
Without prejudice to the generality of the forgoing provisions, Market Committee may –
(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, sub-market yard(s) and market sub-yard(s) vesting in the Market Committee;
(v) inspect and verify scales, weights and measures in use in a market yard and sub- market yard 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 subyard(s);
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(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 Director/ 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 Director/Managing Director, the Market Committee may undertake -
(i) 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 Director/ Managing Director;
(ii) maintenance of stocks of fertilizer, pesticides, improved seeds, agricultural equipments, inputs for sale and establish Soil Testing Laboratories; and
(iii) to provide on rent storage facilities for stocking of agricultural produce to agriculturists.
(5) To promote and encourage e-trading, Market Committee may establish regulatory system, create infrastructure and undertake other activities and steps needed thereto.
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(6) Market Committee may establish or allow to be established 3rd party assaying /testing labs , and, therefor, constitute a committee , as may be prescribed , to promote assaying, grading and activities and services incidental thereto.
Appointment of 42. Subject to such conditions and restrictions as may be sub-committee prescribed, the Market Committee may appoint one and delegation or more sub-committees consisting of such Members of powers. of the committee, as it may think fit, for the performance of any of its duties or functions, as it may think fit to assign.
Power borrow.
to 43.(1) The Market Committee may, with the previous sanction of the Director/Managing Director, raise money from banks , financial institutions or issue debentures required for carrying out the purpose for which it is established on the security of any property vested in it and of any fees/user charge leviable 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 Government or State Agricultural 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 Government or the Director or the Managing Director.
Compounding of offences.
44.(1) The Market Committee may accept from any person who has committed or is reasonably suspected of having committed an offence (other than contravention of Section 64 against this Act or the Rules or Bye-laws, made thereunder by way of compounding of such offence — 44
(a) Where the offence consists of the failure to pay or the evasion of any fee/user charge, or other amount recoverable under this Act or the Rules or the Byelaws in addition to the fee/user charge or other amount so recoverable a sum of money not less than the amount of the fee or other 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 subsection (1), 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.
Power to write off irrecoverabl e fee etc.
45. The Market Committee may write off any fee/user charge or amount whatsoever due to it, whether under a contract or otherwise, or any amount payable in addition therewith if in its opinion such a fee/user charge or an amount is irrecoverable:
Provided that the Market Committee shall, before writing off any such fee/ user charge, or amount obtain the sanction of the Managing Director, if the fee or amount exceeds rupees twenty five thousand.
Power to 46. Any officer or servant of the Market Committee, remove encroac empowered by the Government in this hment on behalf, shall have power to remove any market yard. encroachment in a space in the principal market yard and sub-market yard (s) and the expenses of such removal shall be paid by the person who has caused the said encroachment and shall be recovered in the same manner as arrears of land revenue.
45 Use of weighing instruments, weight and measure, their inspection.
47.(1) Only electronic weighing instruments which also satisfy 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 subyard(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, electronic balance shall preferably be used.
(2) Weighing instruments, weights and measures kept by the committee under this section may at any time be inspected, examined and checked by the Director or the Managing Director or any other authorized Officer.
Mode of making contract.
48.(1) Every contract or agreement entered into by a Market Committee for the purchase, sale, lease, mortgage or other transfer of, or acquisition of interest in immovable property shall , in writing, be executed on behalf of Market Committee jointly by its Chairperson, Vice- Chairperson and the Secretary , with the sanction of the Market Committee, as may be prescribed.
(2) No contract other than a contract executed as provided in sub-section (1) shall be valid and binding on the Market Committee.
Act of Market 49. No act of Market Committee or of any sub-committee Committee etc. thereof or of any person acting as a member, not to be Chairperson, Vice-Chairperson, presiding authority or invalidated. the Secretary shall be deemed to be invalid by reason only of some defect in the constitution or appointment of such Market Committee, sub- 46 committee, Members, Chairperson, Vice- Chairperson, presiding authority or the Secretary or on the ground that they or any of them were disqualified for such office, or that formal notice of the intention to hold a meeting of the committee or of the sub-committee was not given duly or by reason of such Act having been done during the period of any vacancy in the office of the Chairperson, Vicechairperson or the Secretary or Member of such committee or sub-committee or for any other informality not affecting the merits of the case.
CHAPTER –V STAFF OF MARKET COMMITTEE Secretary of Market Committee.
50. Every Market Committee shall have a Secretary , who shall be the chief executive of the Market Committee administering principal market yard, submarket yard(s) and market sub-yard(s}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 undergone minimum three months in-service training or such training undertaken after recruitment.
Provided further that Director/ Managing Director may maintain a panel of professionals, which may include professionals from open market, for appointing to the post of Secretary to the Market Committee, as may be prescribed in the Rules. The Director/ Managing Director shall have powers to appoint Secretary from the services of the Government /Board and on deputation also and such appointments shall be 47 binding on the Market Committee.
Powers, functions duties of Secretary.
and the
51. 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 the proceedings 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 sub-committees, and report about all actions taken in pursuance of such resolution to the market committee as soon as possible.
(iv) To prepare the budget proposal.
(v) To furnish to the Market Committee such returns, statements, estimates, statistics and reports as the Market Committee may from time to time, require including reports regarding-
(a) fines 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 Director; and 48
(e) administration of the Market Committee and the regulation of the marketing in the principal market yard, sub-market yard (s) and market sub-yard(s) .
(vi) To 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 sub-committee, 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 leviable by or due to the Market Committee .
(ix) To be responsible for all moneys credited to or received on behalf of the Market Committee.
(x) To make disbursements of all moneys lawfully payable by the Market Committee.
(xi) To report to the Chairperson and the Director/ 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 Committee and conduct proceedings, civil or criminal, on behalf of the Market Committee.
49 Appointment of Accountant.
52. The Director/ Managing Director may, with such qualification as may be prescribed in Rules/Bye-laws , appoint an accountant , who shall be responsible for maintenance of books of accounts of the Market Committee and assist the Secretary in discharge of his duties and perform of such duties as may be delegated to him by the Market Committee or the Secretary.
Appointment of staff by the Market Committee.
53.(1) Every Market Committee may appoint such other Officers and servants as may be necessary and proper for the efficient discharge of its duties:
Provided that no post shall be created save with the prior sanction of the Director/ Managing Director:
(2) Subject to provisions in this Act /Rules , the Market Committee may make Bye-laws for regulating the appointment, pay, leave, leave allowances, pensions, gratuities, contribution to provident Fund and other conditions of service of Officers and servants appointed under sub-section (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 Director/Managing Director may, subject to the conditions specified in sub-section (4) , transfer on deputation any Officer or servant of any Market Committee carrying a maximum scale of pay as prescribed to any other Market Committee of the Revenue Division and it shall not be necessary for the Director/ Managing Director to consult either the Market Committee or the Officer or servant concerned before passing an order of transfer on deputation under this sub-section.
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(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 Director/Managing Director may by general or special order, specify; and
(d) be governed by such other terms and conditions including disciplinary control as the Director/Managing Director may, by general or special orders, specify.
CHAPTER-VI E-TRADING Establishment / Promotion of electronic trading platform.
54.(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 (1), the Government or its agencies may, however, establish and run etrading platform for trading in notified agricultural produce including livestock, as may be prescribed.
51 Grant/ Renewal of licence to establish electronic trading platform .
55.(1) Any person desirous of establishing an e-trading platform under Section 54 (1) shall apply to the Director or the Officer authorized by him in such form and manner along with such fee and security/ bank guarantee and fulfilling such conditions , as may be prescribed.
(2) The application received under sub-section (1) 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 be liable to be rejected on the condition(s) mutatis mutandis to condition(s) laid down for private market yard under Section 73.
(3) The e-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 to e-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 etrading platform:
Provided that no user charge shall be collected from agriculturist-seller.
Provided further that Government in public interest may from time to time, by notification, put ceiling on the rate of collection of user charge.
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(5) The e-trading platform licensee shall contribute, of such user charge collection, to the separate “Revolving Marketing Development Fund” maintained by the Director at the rate in percentage at par with APLMC. The Fund will be utilized for the purposes and in the manner mutatis mutandis to Section 10 (5) of this Act.
Integration of warehouses/silo s/ cold storages or other such structure or space, declared as market subyard to eplatform.
56.
A licence holder under Section 73 (1) for market sub- yard , desirous to link to e- platform of Government of India, may apply, through concerned Government, or its agencies, to the Department of Agriculture, Cooperation & Farmers’ Welfare, in the form and manner , as may be prescribed.
Integration of private market.
57. 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.
Interoperability of e-trading platforms.
58. In order to evolve a unified National Agricultural Market and integrate various e-platforms, the applications in the e-platform(s) should be interoperable as per specifications and standards laid down by the Director or the Authority designated therefor.
Payment to the sellers and maintenance of accounts.
59.(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 Bye-laws.
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(2) The licensee or APLMC, 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 Managing Director or the authorized Officer, at such time and in such forms, as may be specified by the competent authority, from time to time.
Suspension or Cancellation of licence of electronic trading platform.
60. The Director may, for the reasons to be recorded, specifying the breach of any provision of Act/Rules/Bye-laws, instructions, orders, suspend or cancel the licence ,granted under Section 55 , by passing a speaking order:
Provided that no order for suspension or cancellation of licence shall be passed without giving a reasonable opportunity of being heard.
Dispute settlement-
(i)between/ among licensees under Section 55(1) ; and
(ii) between/ among licensee and APLMC.
61. Any dispute arising between/among licensees of etrading platforms, or between /among the licensees and APLMC/State agencies, shall be resolved by the Director or the Officer authorized by him, in summary manner within thirty days, after giving the parties reasonable opportunity of being heard.
54 Dispute settlement with regard to Inter- State trade – transaction.
62. In case of any dispute with regard to Inter-State transaction on e-platform, the redressal thereof shall be done at the level of management committee of the licensee or the Market Committee, as the case may be, through an administrative process, or through the process of conciliation and arbitration, or otherwise within seven working days; while in case of perishables it shall be within three working days .
The management committee or Market Committee , as the case may be, shall dispose of the matter by issuing speaking order.
Dispute settlement with regard to Inter- State trade transaction
63. In case of any dispute arising out of inter-State trade transaction on e-platform or any other such platform, the Government can subscribe to become part of such Authority, which may be constituted by the Union Government or State Government under the existing law or any law to be framed therefor.
CHAPTER-VII REGULATION OF TRADING Sale-transaction of notified agricultural produce and livestock.
64 (1) All notified agricultural produce including livestock shall ordinarily be sold in the principal market yards, sub-market yards and market sub- yards licenced under this Act and not in 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 a licence holder especially permitted in this behalf under this Act.
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(2) In relation to agricultural produce, nothing in the subsection (1) shall apply to the following sale and purchase where -
(i) 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) brought for sale 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 by the Central or/ and State Government for distribution of essential commodities through the public distribution system;
and
(v) the transfer of such agricultural produce to a cooperative society for the purpose of securing an advance there from.
(3) In relation to livestock, nothing in the sub-section (1) shall apply on the business of purchasing or selling of livestock not exceeding such value, as may be prescribed.
(4) The price of the notified agricultural produce including livestock, brought for sale into the principal market yards, sub-market yards , private market yards, market sub-yards shall be settled by tender bid or open auction including e-auction or any other transparent system and no deduction shall be made from the agreed price on any account whatsoever from the seller.
(5) Weighment or measurement or counting of all the 56 notified agricultural produce including livestock so purchased shall be done by such a person and such system as is provided in the Bye-laws or at any other place specified for the purpose by the Market Committee.
Terms and procedure of buying and selling.