Bare ActsThe KARNATAKA AGRICULTURAL PRODUCE MARKETING (REGULATION AND DEVELOPMENT) ACT, 1966

Section 1966

(Obtained from L

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(Obtained from L.A. Bill No. 17 of 2000) XX 21 Amending Act 31 of 2000.- Keeping in view the liberlisation of the economy and opportunities and challenges to horticulture in meeting the demands of domestic consumers, there is a need to have modern, hygenic, transparent, and profesionally managed markets with forward linkages to retailers and consumers and backward linkages to producers in Karnataka. Therefore it is considered necessary to amend the Karnataka Agriculture Produce Marketing (Regulation) Act, 1966 to provide,- (i) for establishment of National Integrated Produce Market owned and managed as an autonomous entity by National Dairy Development Board incorporated under the National Diary Development Board Act, 1987 (Central Act 37 of 1987); (ii) for setting up collection centers by NDDB or for financing assisting or supporting farmers or farmers association in setting up collection center in the State; (iii) for setting up, supporting or otherwise assisting in setting up distribution channels and institutions at various places in the State; (iv) for levy and collection of fees, security deposit, advances and other charges for services rendered in National Integrated Produce Marketing; (v) for making regulation by NDDB in connection with ownership, management, etc, in relating to National Integrated Produce Market; (vi) that the provisions of the Act or rules made thereunder do not apply to National Integrated Produce Market; Certain incidental provisions are also made. As the matter was urgent and the Karnataka Legislative Council was not in session, Karnataka Agriculture Produce Marketing (Regulation) (Amendment) Ordinance, 2000 was promulgated. This Bill seeks to replace the said Ordinance. Hence the Bill. (Obtained from L.A. Bill No. 26 of 2000) XXI Amending Act 8 of 2001.- It is considered necessary to amend the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 to provide for the following: (i) Section 10 provides for constitution of the first market committee for a period of two years which may be extended by the state Government for one more year. It is felt necessary to enhance the maximum period of extension from the existing one year to two years to manage the Market Committee where an election is not held intime during the extended period of one year. 22 (ii) Section 44 provides for moving a motion of no confidence against the chairman or the Vice Chairman of a Market Committee which will be carried only if it is voted by a majority of not less than two-thirds of the members of the market committee. Adhyakshas and Upadhyakshas of Taluk Panchayats and Zilla Panchayat may be removed by a motion of expressing want of confidence in them passed by a simple majority. It is appropriate to have similar provisions in respect of the Chairman and Vice Chairman of market committee also. (iii) It is found necessary to have a provision to enable the market committees to contribute to the floor price scheme and Raitha Sanjeevini Accidental Insurance Scheme which are beneficial to agriculturists. Prices of various agricultural commodities are continously falling all over the state. This has caused great hardship to the agriculturists and has also lead to wide spread agitation. The agitation has lead to law and order problem in certain places. The floor price scheme is meant to control the falling prices of agricultural commodities. It will go a long way in giving some relief to the agriculturist. Therefore, the market committees should be empowered to make contributions to the floor price scheme as early as possible. Since the matter was urgent and the Karnataka Legislative Council was not in session the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Ordinance 2001 (Karnataka Ordinance 1 of 2001) was promulgated to achieve the above object. Hence the Bill. (Vide L.A.Bill No.4 of 2001 File No. ) XXII Amending Act 10 of 2001.- To give effect to the proposals made in the Budget Speech of 2001-2002, it is considered necessary to amend the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966. Hence the Bill. (Vide L.A. Bill No. 10 of 2001 File No. ) XXIII Amending Act 13 of 2002.- With a view to provide representation and to ensure social justice for agriculturists belonging to the Backward Classes in the Market Committees, it is proposed to amend the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 It is also considered necessary to amend the said Act to provide for commencement of the term of office of the Chairman and Vice Chairman of 23 Elected Market Committee for which elections were held during 1997, from the date of first meeting held for election to such office in order to remove certain difficulties. It is considered necessary further to amend sub-section (3) of section 65 of the said Act to substitute the word “period” for the word “crop season” as the marketing of Agricultural Produce is done throughout the year irrespective of the crop season. Agricultural Produce is sold by farmers on the basis of the prevailing market rates irrespective of the crop section. Since the matter was urgent and the Karnataka Legislative Assembly was not in session, the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Ordinance 2002 (Karnataka Ordinance No 4 of 2002) was promulgated to achieve the above object. The Ordinance is to be replaced by an Act of Legislature. Hence the Bill. (L.A. Bill No. 26 of 2002) XXIV Amending Act 22 of 2004.- It is considered necessary to review the present provisions in the Karnataka Agriculture Produce Marketing (Regulation) Act, relating to „retail sale‟ and „retail trader‟ which prescribes the maximum quintals of agricultural produce that can be stocked by a retail trader to ensure transparency and flexibility to meet the situation arising from time to time. therefore it is considered necessary to amend Act to provide for:- (1) Fixing of maximum quantity of agricultural produce or goods to be stocked by retail traders in the State by State Government through notification from time to time. (2) Fixing of such quantity for retail sale by the market committees within the prescribed maximum limit in their bye-laws which enables the consumers to purchase the commodities for domestic consumption and to restrict the same for subsequent sale or processing. Further the system of levy of market fee on the sale of notified agricultural produce has been rationalized to provide for levy of market fee at single point once in any market committee on the first sale. The subsequent sales of the commodity in any other market area will be exempted from the levy of market fee. Further to this to give impetus to the Agro Processing Sector in the State which ensures value addition to the agricultural produce enabling the farmers to get a better price for their produce and to attract investments from private sector to the Agro Processing Sector which makes the agricultural marketing operations more effective. Therefore it is considered necessary to amend the Karnataka Agricultural Produce Marketing (Regulation) Act to provide for:- 24 (1) Exemption from the levy of market fee on agricultural produce on which market fee has already been levied and collected in any market area within the State and such agricultural produce is processed and sold in any other market area within the State or exported outside the State. Hence, the Bill. (LA Bill No.8 of 2004) (Entries 14 and 28 of List II of the Seventh Schedule to the Constitution of India) XXV Amending Act 23 of 2007.- To implement the recommendations of Government of India in its Model Act, 2003, which aims at uniformity in development, reformation in regulation of marketing of agricultural produce, it is considered necessary to amend the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 to provide for,- (1) the better regulation of marketing of agricultural produce and the establishment and administration of markets for agricultural produce in the State. It is felt necessary to incorporate the provisions to development of efficient marketing system, promotion of agricultural processing, agricultural exports and the establishment and proper administration of agricultural markets, to provide effective infrastructural facilities for marketing in addition to the regulation of marketing of agricultural produce; (2) the wider meaning to the definitions of „agriculturist‟, „buyer‟, „marketing‟ and „processing‟ in terms of Model Act; (3) setting up a “Revolving Fund” to implement the Floor Price Scheme to protect the interest of the farmers against distress sale; (4) exemption of market fee from new Agricultural Produce Process Industries in line with new Industrial Policy; (5) the establishment of private market yards, farmers consumer markets and to empower the Director/Commissioner of Agricultural Marketing to issue licenses and regulate the activities in such markets, so as to promote development of a competitive marketing infrastructure to enable the farmers to get a remunerative price; (6) contract Farming System for encouraging marketing of agricultural produce with a predetermined agreed price, to ensure constant supply of agricultural produce to agri-processing sector which helps the growers to get remunerative price by 25 way of value addition and also empower the Market Committees to regulate the activities of Contract Farming and Contract Farming Agreements; (7) Agricultural Produce Marketing Standards Bureau to take up quality certification and branding of commodities to encourage export oriented activities in the field of agricultural marketing; (8) settlement of disputes, to ensure prompt payment of sale proceeds to the seller etc; (9) disqualification of members of the Committee who do not attend three consecutive meetings; (10) enhance the penalty for non payment and delayed payments to the seller by the buyer or Commission Agent; (11) establishment of spot exchange to facilitate e-trading of notified agricultural produce; (12) payment to the sellers through the Market Committee in respect of such goods as may be notified; (13) Certain consequential amendments also. Hence the Bill. [L.A.Bill No.11 of 2007] [Entry 14 and 28 of List II of the Seventh Schedule to the Constitution of India.] XXVI Amending Act 18 of 2010.- It is considered necessary to amend the Karnataka Agriculture Produce Marketing (Regulation and Development) Act, 1966, to provide a provision,- (1) to include a person, who cannot pay his debts in respect of financial transactions pertaining to market functionaries in the Agricultural Produce Marketing Committee, in the definition of “insolvent”; (2) to fix the term of office of the Chairman and Vice-chairman for twenty months; (3) (i) to fix the minimum number of members to move motion of no-confidence; (ii) that no, no-confidence motion shall be moved within a period of six months from the date of assuming office of Chairman or the Vice-chairman; and (iii) that for adopting no-confidence motion, not less than two third majority of the total number of members of market committee, is necessary. (4) to empower the State Government to hear appeal against the orders passed by the Director. 26 Hence the Bill. [L.A. Bill No. 44 of 2009, File No. DPAL 40 Shasana 2009] [Entry 14 and 28 of List II of the Seventh Schedule to the Constitution of India.] XXVII Amending Act 18 of 2011.- It is considered necessary to amend the Karnataka Agricultural Produce Marketing (Development and Regulation) Act, 1966, to provide a provision to exempt payment of market fee in respect of new Food Processing Industries in respect of purchases of agricultural produce by such processing industries and existing Industries who take up extension or modernization in accordance with the New Industrial Policies in force in the state. Hence the Bill. [L.C. Bill No.2 of 2011, File No.Samvyashae 43 Shasana 2010] [Entries 14 and 28 of List II of the Seventh Schedule to the Constitution of India.] XXVIII Amending Act 38 of 2013.- In Order to comply with the directions of the Hon'ble High Court of Karnataka in W.P. 34952/2011 and to give effect to the Integrated Agriculture Business Development Policy, 2011, of the Government it is considered necessary to amend the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 (Karnataka Act 27 of 1966). Hence, the Bill. [L.A. Bill No.6 of 2013, File No. Samvyashae 73 Shasana 2012] [Entries 14 and 28 of List II of the Seventh Schedule to the Constitution of India.] XXIX Amending Act 05 of 2014.- The Government considers it necessary to carry out certain reforms in the Agricultural Marketing sector, with a view to provide expanded market access to the farmers and provide for improved marketing processes for greater transparency and avoiding delay in payment to farmers. In this direction it is necessary to carry out certain amendments to Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966. Hence, the Bill. [L.A. Bill No. 11 of 2013, File No. Samvyashae 41 Shasana 2013] [Entry 14 of List II of the Seventh Schedule to the Constitution of India.] XXX 27 Amending Act 20 of 2014.- To give effect to the announcement made in the budget speech it is considered necessary to amend the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 (Karnataka Act 27 of 1966). Hence the Bill. [L.A. Bill No. 37 of 2014, File No. Samvyashae 06 Shasana 2014] [Entry 14 and 28 of List II of the Seventh Schedule to the Constitution of India.] XXXI Amending Act 20 of 2016.- It is considered necessary to amend the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 (Karnataka Act 27 of 1966) to provide for,-

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