Bare ActsThe Assam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020

Section 76

Amendment status not verified — confirm the current text below against the official source.

Irlsputc rcroludon - (1) Dtsputes arislnt In a prlvate market shal tre resolved by tle tlcensee as per lts bye-laws withtn flfteen days of the arislng of t}le dlspute, (2) Any person whose dlspute is not resolyed as per sub sedon (1) may appeal to the Direefotof Agrlculrut?l Marketing withtn thtrty days of artslng of the dispute and the Director of Agricultural Marketing may pass such ordens as may be deemed necessary. (3) Any person aggriwed by the rtsoluuon of the dispute trrder sub-seaion (1J may appeal to the Dlrector of Agricutarral Marketing withln fffteen days of the declslon. and any order passed by tlle Director of Agriculturat Markettng in the matter shall be final and shall not be called ln quesdon in any Court of Iaw. n, Sanrtcr of tae prtt aE Earkrt - Errery prlyate market llcensed under thts chapter shall appoint a Manager of the private markeE who shall be respouslble to carry out the dudes and rcsponslbilides of the prlyate market as provlded in this Act and the rul6 ftahed thereunder and lts bye-laws. 7E $bmlsslotr of lnfomatlotr. - (1) Every private market llcensed under thts chapter shall submlt such periodic infurmauon wlthlh such time as may be directed by the Director of Agrlculhrral Markettng (2) The Dlrector of Agiculturel Marketlng may call for sudr infurmadon as deemed neccssary and the prlvate market shall submlt such informadon as expedltiou sly as possible. E0, Farrtrcr - consumer mad(ets. - (1) Farmer - consumer markets may be Btablrshed in a delineated market area by the market commlttee or by any prrson to encourage the producer ofagrtcultural product to sell dtrectly to the consumen Provlded that no oonsumer shall purchase more than such quantlty of agrlculhral prduce at a time ln the farmer - cotu mer mat*et as may be speclffed by the Dlrcctor ofAgricultural MarketinS (2) Save as otherwise provided in t}tts Act no market fee shall be levied on the traDsactions undertaken ln the farmer - consumer markeL 6394 TImASSAM GAZETTE, EXTRAORDINARY, ItJLy t5, 2022 til- Frncr - crmru'€r Er.kd crtrblbhed by a mlrtlt ool'arttca - A rcguhted market commrtEe may, after resotvrng to do so and informrng the Drrcctor of A8rlcrdural Mar*etlng and the Boarr4 establlsh a farmer - oonsumer market In lts ddlneated market area &. Hvatc famcF Gotrs.onGr nrrftctr. - (1) A,ly pe6on may appty to the Dircctor of Agrictltural Marlaetlng for grant of a ticense to establish a farmer _ consumer market at any spec{lled locauon in thc sate, il such hrr& in such manner and wlth such fees, as may be prescrlbed. (2) lvery appticaEon made under rhis secdon shall tre disposed of bv the Dir.ctor of Agricutrural Itfarkedng withtn a pe.loa of ;i_i;;yr-;# ;" date of receipt of such application, cal subrect to sudrcondrtions as may be prescrrbe4 the Drrector of Agiorturat Ma1fgtsne-maV eirher grant a license tn tlre presubeJ ;;;;,* ; th" apErcant for cstablishftu a private farmenconsumer market or refuse to grant a ticense under ttls secton: provlded that if the Dlrector of Agrtcultural Mark*ing refuses to grant a license under thrs sectroq he shill record o" ,""son" o, *.t refisal ln writing and communlcate iris order to dre applcant ' - '- -- - ({) E}eu llcense granted under this sectlon shall remain valtd hom tte date of its lssqe for such p-Igd "r- may be specifled in t. fic.n"e- ";-;;;" renewed from d-meto time,-for suctr perioa, on palment of suctr fee, ln luch manner and on fulfilment ofsuch conditions as ma! be prescribed. (t lf the Drrzctor of F"gp', Marketing refuses to renew a lrcense gran*d under rrris secrro4 he sharr record t}e rdasons 6r sucb ;fu".i;;"d-"il; communlcate hls ordor to the appllcant (5) the provtsrons o-f s€cdon z1 to section 79 of the Act shar r, mutods mutandrs apply to private farmer _ consumer markets. CRAFTER-XV Dhcct markedry of agrtcolarral producc E3. 6raat of llcease for dlrcct ma*sdrlE _(1) Any person wltlr hftasBucture and other factltds as nay be prescrtb"a ana wittr Ujri.. , ,.tarf J"i;;;;il; Director for grant of license for dtrect purthase of agricul.rc p"oduce'hom farmers outside the market Jrar4 sub market yard, prlvate market Jrard ln wholesale as may be specified. @ Every appttcadon -made under dris sectron stalr be disposed of by the Dtrcctor of Agrtcultural q1*3UaS wtthin a period of ,rty a"y"-i_,i, n" date of recelpt ofsuch appllcation. (3) Subiect to suctr col1lLlon. * r"{.be prescribed, thc Dtrerror ofAgrtcultural Mar*efing may etther gant a iiocnse tn the prcscdbed manner ro the applicant for esabrishrng drrect markedng or reftrse to gaat irrcoue unJei thls secHon: prcvlded that lf lle Dircctor of Agrtcrilurral Marketing refuses to grant a lloense under drls seedo& he shill record &e reasolii f;;;; rcfusal in wr"rting and communlcate trtg order to ttre appllcani THE ASSAM GAZETTE, EXTRAORDINARY JULY 15, 2022 6395 (4) Bvery ltcense granled undcr thls section shall remaln ralid from &e daE of Its ,ssue for sudl perlod as may be specificd ln the llcense and may be renewed from tlme to tlme, fur 3uch perlod, on palment of such fee, in such manner and on fulfilment ofsuch condlUons as may be prescribed. (5, If the Dlrector of Agricultural Marketing refuses to renew a license granted under this secHon, he shall record the reasons for such refusat in wriEng and communlcate hls order to the appllcanL 8tL Power to euqrend a llcense, - (1) The Dlrector of Agrisultural Markethg may susPend tfe license lf tn his opiniort lt ls not in public interest that the dlrect market llcensee contlnu6 to carry on lts functions (2) Any order lssucd undcr this section shatl specify the dellneated market area or areas that the llcensee shall not operate, the duradon of suspension and such other detall as may be prescribed, (3) No order of surpensior shall remain ln force for a perlod e:rce€ding fifteen days ftom t}re date of the order, save in cascs where the Dlrector of Agricultural Marketing c-ommences proceedlngs under section 84 of tlrts AcL E5. Cancclladon ofliccnsa - (1) The Director ofAgricultural Marketint may c"ncel the licease if, - (a) tlre licensee has obtalned the llcense fraudulendy or by mlircpresetrtation of facts; (b) tlte licensee or any penron acting on hls behalf, has vlolated any of tlte prosislons of ttre Acq the rules made thereunder or the bye-laws or terrns and condltions ofthe llcense; (c) the tlcensee in conceft with other llcensees or other persons, wilfully commlts any act or abstalns from carrying its normal functlons and responslblllEes in its market yard, with an lntention of obstrucdn& suspendlnt or stopplng the markeung of agricultura.l produce ln the market yard or delineated market area and ln consequence whereof markeung of any such agllcultural produce has been obstnrcted, suspended or stopped; (dl the licrnsee has been adjudlcaEd as an lnsolvent or ls an un-dlscharged lnsolvenq (e) (D the llcensee lncurs any disqualificadone as may be prescribed; or if the holder of license k convlcEd of any ofrence undcr the Act and a pertod ofone year Fom the date ofsuclr convtction has not lapsed lf the convlction ls for the 0rst dme and a perlod of three years has not lapsed for every subsequent convlction: Pmuded that no order cancelling the Iicense shall be made unless the llcensee has been given a reasonable opporonity ofbeing heard Any proceedlng under tlris secdon shall be completed wlthln a perlod of thirty dap from the date of commenccment ther@f. (2) 6396 THEASSAM GAZETTE, EXTRAORDINARY, IIULY 15, 2022 06, pelerr of e dtact oertct - (1) Elrcry dlr€ct marlct licensee undqp ttrls drapter slull &ame bye-hrvs br tte conduct o,f iB bu!tn63, idcrudrng findon of iB seMce dlarge$ r€grshadon of marrcet funcrronarr*, quattty tesHng of agrcurh[ar produce, procesr by whldr the prcduce can be sold, welghmeng payment of sale rralue to sellers and dlspute resolution (?) A copy of the bye,tarvs framed a'd any subsequent amendments ther.of shalr be submrtted to the Dtrector ofAgriculturar Marketrng and uproaded on the web-srte of tte drrect mar*et ricensee ar teast ftfteen days beforc the byelaws or the amendment becomes efrective. c7. Place of budneer of a dhft martret fierea - Every drrect arark$ rhensee undcr this chapter shar, under intimation to the Dlrector ofAgriculturar Markesng dcclare any place ln the delineacd market area to be used as lts place of buslness for the markedng of agricuthrral produce, DrpLruedoa - In this section the expression ,,ptace, sball i,nclude any structure, enclosure, bu drn& raarehouse, godow4 open place, locality or sneeq whetlrcr owned by the llcensee or not. 8& Dudcs aad rcrponstbr[tres of a dtrcct market ucensee. - (1) subrect to the provrsions of thrs Act ard rul6, it shall be thc duty ofa dtrect markei licensee, to _ (a) provide In lts b$.ine$ place necessary tnfrastructure facilitis for buyers to buy agrtcurEral produce from producers under tl.e condidons of iicen"e $anted to lt and as per its bye-laws; (b) provrde necessary fasfidcs fur sto'ge of nodfied agrr$Iturar pmduce and fundlng of such prcduce, wherewr necessary; (2) A dlrect marrct ricensee shau perlodica[y remit apprtcabte market fte as may be prcscribed to the market commrttee of the deltneated market area where dtect purdrase ls made.

Section 76 – The Assam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020 | DailyLaw.ai