(1) Except in the commercial transaction between two traders, any other person who buys notified agricultural produce including livestock in the principal market yards, sub-market yards and market sub-yards, shall execute an agreement in triplicate in such form, as may be prescribed in favour of the seller. One copy of the agreement shall be kept by the buyer, one copy shall be supplied to the seller and the remaining copy shall be kept in the record of Market Committee.
(2) (a) The price of the notified agricultural produce transacted in the principal market yards, sub-market yards, private market yards, market sub-yards or at e-platforms shall be paid on the same day to the seller or in the maximum next day if procedurally so required. Payment on notified agricultural produce shall also be made to agriculturist-seller, if sold to the direct marketing licensee, on the same day there itself.
(b) In case purchaser does not make payment under clause (a), he shall be liable to make additional payment at the rate of one percent, per day of the total price of the agricultural produce, payable to the seller within five days.
(c) In case the purchaser does not make payment with additional payment to the seller under clause (a) and (b) above, within five days from the day of such purchase, his licence shall be deemed to have been cancelled on the sixth day and he shall not be granted any licence or permitted to operate under his Act for a period of one year from the date of 57 such cancellation.
(3) Commission agent shall recover his/its commission from his/ its principal trader at the rate not exceeding two percent ad valorem on transacted nonperishable agricultural produce; while in case of perishable agricultural produce, it shall not exceed 4 percent ad valorem on transacted produce, including all expenses as may be incurred by him in storage of the produce and other services rendered by him/ it:
Provided that no commission shall be collected from farmer-seller.
Levy of market fee (single point levy of market fee).
66.(1) The Market Committee shall levy and collect market fee from buyer in respect of notified agricultural produce including livestock bought by such buyer in the principal market yard or sub -market yard(s) or market sub-yard(s) either brought from outside the State or from within the State, at such rate as may be notified but not exceeding two percent ad valorem on transacted produce in case of non-perishable agricultural produce and not exceeding one percent ad valorem in case of perishable agricultural produce and livestock:
Provided that Market fee specified under this section shall not be levied for the second time, in whatever name it is called, i.e. cess, user charge ,service charge, etc., in any principal market yard, sub -market yard, market sub-yard, private market yard, electronic trading platform within the State provided that market fee at applicable rate has already been paid on that notified agricultural produce in any principal market yard, sub-market yard, market sub-yard, private market yard, electronic trading platform of the State and the evidence to this effect has been furnished , by the concerned person that market fee has already been paid as aforesaid in the State.
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Provided further that in case of commercial transactions between traders, the market fee shall be collected and paid by the seller.
Provided also that in case buyer is not licensee and seller is farmer, the liability of payment of market fee shall be of commission agent, who will collect the market fee from buyer and deposit to the Market Committee.
(2) The Market Committee may levy and collect entrance fee on vehicles which may enter into market yard(s) at such rate as may be specified in Bye-laws:
Provided that no such fee shall be levied and collected from agriculturist –sellers .
67.(1) Notwithstanding anything contained in this Act, the Market Committee may allow trade even in those item (s) of the agricultural produce including livestock which is/are not notified for regulation under the Act or are not specified in the schedule to the Act for regulation.
Levy of user charge by Market Committee.
(2) The Market Committee may collect user charge, as prescribed in Bye-laws, for allowing trade as provided under sub-section (1) at the rate not exceeding two percent ad valorem in case of nonperishable transacted agricultural produce and not exceeding one percent ad valorem in case of perishable agricultural produce and livestock.
(3) Save as otherwise provided in this Act, Market Committee shall neither enforce regulation nor levy and collect applicable market fee on saletransactions of fruits and vegetables taking place outside the principal market yard, sub-market yard(s) and market sub-yard (s).
59 Power to grant exemption from market fee.
68. The State Government may, by notification and subject to such conditions and restrictions, if any, as may be specified therein, exempt in whole or in part any agricultural produce including livestock brought for sale or bought or sold in the principal market yards, sub-market yards and market sub-yards specified in such notification, from the payment of market fee for such period as may be specified therein. Any notification issued under this section may be rescinded before the expiry of the period for which it was to have remained in force, and on such rescission such notification shall cease to be in force.
Grant /Renewal of licence to market functionaries other than traders.
69.(1) Subject to the provisions of this Act and Rules made in this behalf, every person who, in respect of notified agricultural produce including livestock, desires to operate in the principal market yard or sub-market yard or market sub-yard as commission agent, weighman, measurer, hammal (loaderunloader) or such other market functionary , except trader, shall apply to the Market Committee for grant or renewal of licence in such form and such manner as may be prescribed.
(2) The Market Committee or its Chairperson, if so authorized by the Market Committee may, on an application made under sub-section (1) and after making such inquiries as it deemed fit, grant or renew the licence , or may refuse to grant or renew any such licence on the basis of one or more of the following reasons-
(i) The applicant is minor or not bonafide.
(ii) The applicant has been declared defaulter under the Act or Rules made thereunder and Bye-laws.
(iii) The applicant has been found guilty under the Act.
(iv) Any dues relating to Market Committee and/or 60 Board and/or department/directorate of agricultural marketing are outstanding against the applicant.
(v) Any other reason(s), as may be prescribed.
(3) The Market Committee or its Chairperson, if so authorized under sub-section (2) shall dispose off the application received under sub-section (1) within twenty days from such date when application is complete in all respects.
Explanation: The Market Committee shall, on scrutiny of application and the documents annexed therewith within five working days from the date of its receipt, grant /renew the licence within twenty working days from such date when application is found complete in all respects; or may, after recording the reason (s) in writing therefor , refuse to do so.
(4) On expiry of a period of twenty working days as under sub-section (3), if the application has not been disposed off, it shall be deemed that licence has been granted or renewed, as the case may be.
(5) The Market Committee or its Chairperson, if so authorized may, for reasons to be recorded, specifying the breach of any provision of Act/Rules/Bye-laws, instructions, orders, suspend or cancel the licence ,granted under this section , 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.
Grant / Renewal of unified single trading licence.
70.(1) There shall be a single licence applicable to the whole of the State, for the trader to be granted/ renewed by the Director or the Officer authorized by him in such manner and in such form, as may be 61 prescribed, to operate as trader in any principal market yard, sub-market yard, market sub-yard private market yard & sub-yard, e-trading platform or any other space identified for the purpose, in the State. The existing trader licences granted by the Market Committees shall be converted into State wide single trader licence by the Director or the Officer authorized by him, within six months from the date of commencement of the State Agricultural Produce and Livestock Marketing (Promotion & Facilitation )Act, 2017. Until then, the existing trader licences granted by the Market Committees are deemed to have been the State wide single trader licences.
Explanation: Private market licensee or other such licensee or its management committee may, register the unified single trading licence holder issued by Director or the Officer authorized by him, to allow to operate in such market yards.
(2) Any person desirous of obtaining or renewing a licence under sub-section (1) as trader, shall apply to the Director or the Officer authorized by him in Form with reasonable fee, as may be prescribed.
(3) Subject to provisions of this Act and the Rules made in this behalf, the Director or the Officer authorized by him, on application under sub-section (2), after making such inquiries as deemed fit , may grant or renew the licence in the form and for such a period, as may be prescribed:
Provided that notwithstanding anything contained in this Act and the Rules, there shall be no consideration of domicile, compulsory requirement of purchas