Amendment status not verified — confirm the current text below against the official source.
$, (d) lf such agriculirrar produce is purchased by an aut}orised fatr prlce shop dealer ftom the Food corporation of tndra or any other agency or rns{itution authorlsed by dre State Covernment for dlstribudon of essenual commodldes thrcugh the publlc distrlbuHon system; or (e) to the Eansftr of such agriflrturar produce to a cooperadve sodety for the purpose of securing an advance therc from but not on sale; or (0 ln case of sale of such agrrculturat produce brought by licensed or reglstered traders from outstde the dctrneatzd market at?a or in the delineated market area, but ftom rvithin ttle state in the cours€ of a commercial transacdon or by way of uznsportad ort. Lcal rn'rtcti - (1) lrcal mar*ets as on the date of commencement of thls Act shall ondnue to vest with the Local Authorlty concerned, undl noufied otherwlse by the S-tata Govcmment (2) The Dlrector of Agricuthrral Marketlng may, wlth the prlor appro'al of t}e State Government, issue sudr dlrectlons as may be deemed aecessary for rcguladng rale and purdrase ofagrlcuturrel produc: tn such locat markets, (3) Bvery Iocal Authority shall cornpty wlth the direcdons lssued under sub secdon (2) above. llelc prlce ofegrlcotErral Drodu6. - (1) The sale prlce of agrlcuttural produce brought for sale to a prlncipal market yards or sub-market yards regutated by the mar*et committe! or prirrate mart<et yards or speclal madct )rards shall be detcrmined elther by a telder qrstem or by a public auction lncludlng e-auction or ln such other traBparcnt manner as may bc prcvided in the bye.laws made under this Act (2) 'Ihe sale prlce of agrisultural produce brcught for sale to a famer consumer marlet shall be determlned by mutual agreement between the farner and the consumer. (3) Tlre sale price ofagrtcurtural pmduce brought for sale to a prlvate market or a direct urarketrng centre or an electronrc marketplace shall be determined in accordence wlth lts bye-tallE 6400 THEASSAM GAZETTE, EXTRAORDINARY JI][-Y 15, 2022 1fl,. l/Yclgtment of a3rlculturzl pnoducc sold. - Welghment of the aEflclrtturdl produce sold shall be done by such person:r, uslng such systems and in such manner as may be provided ln the bye-laws and the dlrecdons lssued by the Dlrector ofAgricultural Marketng kom tlme b dme. 10L No deducdons ln welght or payme[t other rhen &oso qr€claed. - (1) No market functionary and no other person shall make, glve, allow, recelve or recover any deducEons in weight or payment or any other dlowanc€ ln respect of any Eansacdon rclating to thc agriqtltural produce other than those provided in thls Acg ' the rules or the bye-laws made thereunder and no Clvll Court shall, in any sult or proceedlng arlslng out of any such transacdon, entertaln or auow any clalm for any deducdon or allowance not so prlovidd for. (2, Por the purpose of sub-sectton (1) above, the followlng deducdons shall be deemed to be parmisslble deduc-Eons, namely: - (a) deduc.tson of the welght of the container where the prlce f,xed accordlng to the bye-laws relat€s only to the goods contarned ln the containcr and either a sepeftrte prlce ls fixed for the container or the clntalner ls to be reAined by the seller or the contalner ls made of suctr materlal and is of negltgble valuc that lt ls p€rmltted to be dellvercd to tie buy€r wlthout payment of any prlce in accordance with the bye-laws; or (b) deducdon ln wltght on rcclunt of driage of raw produce as shall be fixed by the bye-laws, wher€ accordlng to such bye.laws, the prcduce is requlrcd to be erelghed and thc wefght recorded as 3oon as lt ls entrusd to the commission agcnt for sale and there ls no likellhood of the produce belng sold on the same day on whlch it is so entrusted; or (c) deducdon ln weight or fice, on account of devlatlon ftom sample or known standar,4 madc ln accordance with the declsioD of the authortty enmrsEd with settlemmt of dlsputes under this Act, where thb purchase is made by sample or by reference to a knovm standard; or (d) deducdon ln weight or prics, on account ofthe detecdon ofadutteradon not readily detectable on custornary examlnation made ln accordanco wlth the decision of the authority entnrsted wlth settlement of dkputes under this Act (3) The Dlrector of Agricultural Marketing shall ensure that deductlons under ctause [a) of sub-section [2) above ere uniform ln att the dellneated market araas ln the State ln respect of similar ryI€s of contatnenr and that deductions under clause (b) of sub-sectton (2) above do not materially vary ln markets located ln arcas wlth simtlar cllmadc condldons, 101L PayDe|rt ofsatG rrslEe to thc setler. - (1) The sate value ofthe agricultural produce sold shall be patd to the setler withln such period and ln such manner as may be prcscrtbed, (2) In case the buyer does not pay the sate vatue as per sub-secdon (1) aborre, he shall be liable to make addftional payment ar the liate of one percent per day of the sale value of the agrlcultural produce sold, pa5ra.ble to the seller withln ffve days of the due date. THE ASSAM GAZET'IE, EXTRAORDTNARY JULY 15, 2022 6401 1{liL comolsslon payable. - (1) A commlsslon agent shall recover hls commisslon only from the bqrer at such rates as may be specift d ln the byc-laws, not exEeedlng two pertent of the sale value of the agricultural produce sotd. (21 The commisslon payable to the commlssion agent shall include all orpenses as may be inarrred by him on the storage of the produce and other services rendered by hlm for the sale of the agrlcultural produce and no other charge or fee or amount shau be payable to him. 1(E. Prohtblttor of ceftah collccdons - No market funcdonary shall solicit or reccive remuneration for hls services by way of com'mission, ftes, chargEs or ln any other form except as prcscribed under thls Act or by tie rules or the bye. hws made thereunder. (3) In case th. buyer doer not pay the sale rralue Nlong wtft {re addldonal pajment as per subsection (2) aborc, nohMthstandlng any otter actlon that may b€ taken under thls Act the llcense of the buyer shalt be deemed to have been encelled on the srxth day and he shart not be ricenscd or granted any lkense or permltted to opefil& under thls Act fur a perlod of one year from the date ofsuch deemcd canceltaUon. 1(B. Responstbttldes of dre commtf,sion agert - A commlsslon agent shall - (1) arrange for the stor"ge ofthe goods ofthe seller; (Z) keep the goods of the seller ln safe custody and adequately insured agalnst theft or ffru, flood, raln or any other natural catamlties; and (3) dlscharge all and such functions as prcvtded ln thls Act and rules and bye- laws made thercunder. ilt6. Power to lGry rrrttct fee. - (1) lte market commlttee shall, in respect of agrlculrural pmduce brought fmm wtthln the State or outslde the State lnto the princlpal market yard or submarket yard for sale or processl nE lrvy and collect market br at such nate as may be pr€scfib€d, not ex(tedlng two rupee:r for etery one hundred rupees of sale value of such prcduce, whether for cash or br deftrred payment or otler rraluable consideradon: Provlded thet the market fee for pertshable commodities and llvestock shall not excted onc rupre fur every one hundred rupees ofsale ualue of such perlshable commodlty or lirrcstock: Provlded further that, lf on any agrlcultural produoe mar*et fee has already been levied and collected ln any market yards wlthin the State and such agflcultur"l produce ls sold or processed ln any other market yards withtn the State or exported outslde tlle State It shall be exempted from the levy of market fee (2) Nothlng contalned In tbls sectlon shall apply to sale of agrtcultural produce ln prirrate markets, farmer consumer markets, a salc arlslng as a result of a dlrcct marketing arrangement or an elecEonic marketplace Hovlded tiat the State Govemment may, through a noEfisation r€qulre that every prlvate market or an electronlc marketplace make a contrlbudon to the Agricultural Marketing Development Fund, at a rate not exceedlng fffty palse for every one hundred rupees. (3) The state Government may, by notrffcauon and subJect to such conditions as may be spec!fled therein, exempt in whole or in part the market fee payable under this Act for such period as may be specified thereln. (4) Any noHffcadon rssued under sub-secton (3) may be rescinded before the explry of the perrod for which it was to have iemained rn forcg and on such recession such nodflcadon shall cease to be in force. 1o7. otler trades. - (1) A market commiftee or a private market licensee or a drrect market llcensee or an electronic marketplace may, if ln lts opinlon it is expedient to do so, allow trades ln commodiues, rncluding Iivestock that are not notified by in the Schedule o the AcL (2) The market committee or e private market lrcensee or a direct market licensee or an etectronic marketplace as the case may be, coltect user charges ln respect of trades permltted under sub.,secdon (1) above at such rate as may be prescribed, not exce€ding two rupees for every one hundred rupees of the varue of sudr produce, whether for cash or for deferred payment or other valuable consideration: Provided that in case of perishabre commodrdes and [vestoclq the user drarges sharr not exceed one rupee for every one hundred rupees ofthe ralue of such produca (3) save as otherwlse provlded in thls Act, the market commlttee shal not lerry and collect market fee on sare tra[sactions of frurts and vegeabtes taking place outside the princlpal mar*et yard and sub-market yard. 10& Board not to levy markct fee, - Board shall not lerry market fee in the market yards or all dellneated market areas of the state. ilD. llarket fee by whom payabre. - (1) Market fee payabre as per this Act shail ordlnarily be realised from the buyer. (2) Ihe Government may, if lt deems lt expedient to do so, through a nodficadoq requlre a market functionary other than the buyer to pay t}e market fee payable under this Act (3) lte mar&et fee payable shalr be paid wrthrn such tlme and rn suqh manner as may be prescribed. 6402 THE ASSAM G AZET"TE, EXTRAORDINARY, JULY 15, 2022