Amendment status not verified — confirm the current text below against the official source.
Declaration of notified market area (1) After the expiry of the period specified in the notification under section 5 and after considering such objections and suggestions as may, be received before the expiry of such period, the State Government may by notification and in any other manner that may be prescribed, declare the area notified under section 5 or any portion thereof to be a notified market area for the purposes of this Act in respect of the agricultural produce notified under section 5 or any part thereof. (2) The State Government if satisfied that in any notified market area a committee is not functioning 5[or two such areas or parts thereof are to be amalgamated or a part of any such area is to be amalgamated with another such area or is to be constituted into a separate notified market area], may by notification denotify any market area notified under sub-section (1) or any part thereof and, when the whole of such area is denotified, cancel a committee and transfer all with the assets of that committee which remain after satisfaction of all, its liabilities to the Board. Such assets shall be utilized by the Board for such objects in the area as it may consider to be for the benefit of the producers of that area. 1 Substituted vide Punjab Act No.22 of 1978 2 Substituted vide Notification No.30 leg/2010 dated 22.11.2010 (Punjab Act No.22 of 2010) 3 Inserted vide G.O.I.S.O. No. 3021, dated 18th July, 1969. 4 Omitted vide Punjab Act No. 13 of 1979. 5 Substituted for certain words Punjab Act 40 of 1963 10 (3) After the date of issue of such notification or from such later date as may be specified therein, no person, unless exempted by rules made under this Act, shall, either for himself or on behalf of another person or of the State Government within the notified market area, set up, establish or continue or allow to be continued any place for the purchase, sale, storage and processing of the agricultural produce so notified, or purchase, sell, store or process such agricultural produce except under a licence granted in accordance with the provisions of this act, the rules and bye-laws made there under and the conditions specified in the licence: Provided that a licence shall not be required by a producer who sells himself or through a bona-fide agent, not being a commission agent, his own agricultural produce or the agricultural produce of his tenants on their behalf or by a person who purchases any agricultural produce for his private use. (4) For the removal of doubts, it is hereby declared that a notification published in the official gazette under this section or section 5 shall have full force and effect notwithstanding any omission to publish, or any irregularity or defect in the publication of a notification under this section or under section 5 as the case may be. 1[7. Declaration of Market Yards (1) For each notified market area, there shall be one principal market yard, one or more sub- market yards, one or more seasonal market yards, one or more special market yards, one or more producer and consumer market yards, one or more producer market yards and one or more private market yards as may be necessary. (2) The State Government may, by notification, declare any enclosure, building or locality in any notified market area to be principal market yard for the area and other enclosures, buildings or localities to be one or more sub-market yards, one or more seasonal market yards, one or more special market yards, one or more producer and consumer market yards, one or more producer market yards and one or more private market yards for the area. 7- A. Establishment of Seasonal Market Yard (1) The Secretary of the Board may for a particular crop or crops notify any enclosure or building or locality in a notified market area to be a seasonal market yard which shall be established, maintained and operated by market committee concerned primarily in the harvesting season of that particular crop or crops, as the case may be. (2) In the notified market yard under sub-section (1), the Market Committee concerned have to establish a market therein and provide such facilities for marketing of agricultural produce and also for persons visiting it in connection with the purchase, sale, storage, weighment and processing of agricultural produce concerned as the Secretary of the Board may direct from time to time. 1 7 – 7 H, Substituted vide The Punjab Agricultural Produce Markets (Second Amendment) Act, 2017 Punjab Act No. 17 of 2017 dated 14-8-17. et 11 7--B. Establishment of Special Market Yard (1) In order to notify a special market yard under section 7, the State Government, apart from other things shall also consider such aspects as turnover, serving area and special infrastructural requirements of particular commodities to be marketed therein as may be prescribed. (2) Such special market yards may be managed either directly by the Board or through Public Private Partnership or through a co-operative or corporate body or Special Purpose Vehicle or individuals as may be notified from time to time and shall not be under the control of the Market Committee concerned. 7- C. Establishment of Private Yard (1) A private market yard may be set up by any person with suitable infrastructure in accordance with the provisions of this Act and rules made there under for the sale or purchase of agricultural produce as may be specified by the State Government. (2) The owner of the private market yard, referred to in sub-section (1) shall neither be permitted himself for sale or purchase of agricultural produce in the private market yard so developed and managed by him nor any other person shall do so on his behalf, as the case may be. (3) Save as otherwise provided in this Act, the owner of the private market yard or its management committee, by whatever name called, referred to in sub-section (1) shall perform such functions and duties of the Market Committee as prescribed and under the overall supervision of the Competent Authority or any other officer authorised in this behalf. (4) The private market yard referred to in sub-section (1) shall be established subject to the fulfilment of such terms and conditions in such manner as may be prescribed. 7- D. Establishment of Producer and Consumer Market Yard A producer and consumer market yard may be set up with suitable infrastructure in accordance with the provisions of this Act and rules made there under, by any person or a group of producers or the Market Committee, as the case may be, in any notified market area, on fulfillment of such terms and conditions in such manner as may be prescribed: Provided that producer shall sell such quantity of agriculture produce directly to the consumer at a time as may be prescribed. 7-E. Establishment of Producer Market Yard (Kissan Mandi) Producer Market Yard (Kissan Mandi) may be established outside the principal market yard or sub-market yard in the notified market area. Such market yard may be set up with suitable infrastructure in accordance with the provisions of this Act and the rules made there under, by a group of producers or Farmer Producer Organization or Farmer Agri. business Consortium or Farmer Producer Company or the Market Committee in any notified market area for sale to whole sellers or institutional buyer or any other buyer as may be prescribed. 12 7- F . Permission for e-trading platform Subject to the provisions of this Act and the rules made there under, the State Government may grant permission to any person for setting up a platform for spot marketing of notified agricultural produce in the State, on fulfillment of such terms and conditions in such manner as may be prescribed: Provided that owner or service provider of “e-trading platform" shall neither be permitted himself for the sale or purchase of agricultural produce in the “e-trading platform" so developed and managed by him nor any other person shall do so on his behalf, as the case may be. 7- G. Permission for Direct Marketing Subject to the provisions of this Act and the rules made there under, the State Government may grant permission to any person for purchase of the agricultural produce directly from producers outside the principal market yard or sub-market yard or at any place specified in the notified market area, on fulfillment of such terms and conditions in such manner as may be prescribed. 7- H. Public private partnership The Board or with the permission of the Board, a Committee or group of Committees may create, promote, manage and maintain infrastructure for a market yard or for value addition such as cleaning, standardization, grading and post harvest handling of agricultural produce including cold storages, pre-cooling facilities and pack houses in notified market area through public private partnership.".]