Amendment status not verified — confirm the current text below against the official source.
CHAPTER IV TRADE ALLOWANCE 22. No trade allowance permissible except as prescribed. 3 (1) No person shall make or recover any trade allowance, other than an allowance prescribed by rules or bye-laws, in any market area for any transaction in respect of the agricultural produce concerned and no civil court shall, in any suit or proceeding arising out of any such transaction, have regard to or recognize any trade allowance not so prescribed. Explanation Every deduction other than a deduction on account of deviation from sample when the purpose is made by sample or on account of deviation from standard when the purpose is made by reference to a prescribed standard or on account of difference between the Actual weight of the container and the standard weight or on account of the admixture of foreign matter, shall be regarded as a trade allowance for the purposes of this section. 1 (2) No Licensee shall solicit, receive or recover or collect commissions, market charges, fee, deduction except as provided in the bye-laws and also from any person other than those permitted under the bye-laws. (3) No Licensee and no other person in the market shall solicit, receive, recover or collect any contribution in cash or kind for any function or for any religious, educational or charitable purpose from the producer in the course of transaction of the notified agricultural produce. 3 CHAPTER IV - A STATE AGRICULTURAL MARKETING BOARD 22-A State Agricultural Marketing Board. - (1) With effect from such date as the Government may by notification appoint in this behalf, there shall be established for the State of Rajasthan a Board to be called the Rajasthan State Agricultural Marketing Board. (2) The Board shall be a body corporate having perpetual succession and a common seal and subject to such restrictions as are imposed by or under this Act or any other enactment, shall be vested with the capacity to sue or to be sued in its corporate name, or acquiring, holding and disposing of, movable and immovable property, of entering into contracts and of doing all things necessary, proper or expedient for the purposes for which it is constituted. 22-B. Composition of the State Agricultural Marketing Board - (1) The Board shall consist of the following members, namely :- (a) Ten members elected by the Chairman of the market committees in the State from amongst themselves. For this purpose the State shall be divided into 10 single member constituencies in the prescribed manner and one member shall be elected from each constituency; (b) Two traders elected by the trader members of the market committee in the State of Rajasthan in the prescribed manner; Provided that if a trader is a Chairman of any market committee, he may choose to seek election from either of the two constituencies; (c) Secretary to the Government. in the department of Agriculture and Animal Husbandry of the State of Rajasthan; (d) Director of Agriculture for the State of Rajasthan; (e) Director of Animal Husbandry for the State of Rajasthan; (f) Registrar, co-operative societies for the State of Rajasthan; (g) Director of Sheep and Wool for the State of Rajasthan; (h) One Economist drawn from any university established in the State of Rajasthan to be nominated by the Government. (i) 4 (An officer of the rank of Joint Director belonging to the Rajasthan Agricultural Marketing Service,) nominated by the Government. shall be the ex-officio member- secretary of the Board. (j) 5 (Two non-official members of the public nominated by the Government. (k) Food Commissioner for the State of Rajasthan or his nominee; (l) Managing Director, Rajasthan State Warehousing Corporation; (m) Regional Manager, Food Corporation Of India;) (n) 6 The Director of Agricultural Marketing for the State of Rajasthan. (2) The Chairman and Vice-Chairman of the Board shall be appointed by the Government from amongst the members of the Board provided that a member elected under sub-section 1(b) shall not be appointed as the Chairman or Vice-Chairman of the Board and provided further that if a Chairman of a Market Committee is appointed as the Chairman or Vice-Chairman of the Board and he consents to such appointment, he shall be deemed to have relinquished charge of the office of the Chairman of the Market Committee in favour of the Vice-Chairman of the Market Committee from the date he assumes charge of the office of the Chairman or Vice-Chairman of the Board. 22-C. Publication of the name of the members of the Board. - The Government shall publish the names of the members of the board in the official Gazette. 22-D. Determination of the validity of Election. The Government shall, if an election of any member is challenged, determine the validity of the election of member in the prescribed manner. 22-E. Cessation of membership of elected members of the Board. - (1) A member elected under clause (a) or (b) of section 22-B shall, cease to be a member of the Board, if he ceases to be a member of the concerned electorate. (2) In case, a vacancy occurs on account of resignation, death or cessation of membership of any member, the vacancy shall be filled by nomination by the Government from amongst the persons from the constituency from which he was elected and the member so nominated shall hold office till such time as the member in whose place he is nominated would have held it. 22-F. Term of office of the members of the Board. - The members elected or nominated shall hold office for a period of three years but the Government may, from time to time, extend the term by notification for reasons to be recorded in writing, for a period not exceeding one year in the aggregate. 7 22-FF. First Board to be nominated by the Government. - Notwithstanding anything contained in section 22-b members of the First Board(including its Chairman and Vice-Chairman) constituted after the commencement of this Act, shall be nominated by the State Government. and shall hold office for a period of 3 years from its constitution: provided that the State Government. may from time to time extend the term of office of the Board to any further period not exceeding in aggregate one year: 8 (provided further that where the term of office of the Board has been extended under the foregoing proviso, it should be competent for the State Government at any time to terminate the term so extended.) 8 22-FFF. Second Board to be nominated by the State Government. - Notwithstanding anything contained in any other provisions of this Act after the expiry of termination of the term of office of the First Board nominated under section 22FF, the State Government may at any time constitute the Second Board by nominating its members (including its Chairman and ViceChairman) and the Second Board shall hold office for such period as may be specified by the State Government: Provided that the State Government may, from time to time, extend the term of office of the Board constituted under this section to any further period subject however; to the condition that the total term of the Board so constituted shall not exceed in aggregate a period of three years. 9 Provided further that the State Government, if it thinks fit in public interest so to do, may at any time, by a notification in the Official Gazette, terminate the term of the Board constituted under this section and appoint an Administrator to exercise all the powers and perform all the duties and functions of the Board: Provided also that where the term of the Board has been terminated under the foregoing proviso, neither its Chairman nor any of its members shall be entitled to any compensation whatsoever in respect of the unexpired portion of his term. 10 (22-FFFF. Third Board to be nominated by the State Government. - Notwithstanding anything contained in any other provisions of this Act after the expiry or termination of the term of office of the Second Board nominated under section 22 FFF, the State Government may at any time constitute the Third Board by nominating its members (including its Chairman and Vice-Chairman) and Third Board so nominated shall hold office for such period as may be specified by the State Government: Provided that the State Government may, from time to time, extend the term of office of the Board constituted under this section to any further period subject, however, to the condition that the total term of the board so constituted shall not exceed in aggregate a period of three years. Provided further that the State Government, if it thinks fit in public interest so to do, may at any time, by a notification in the Official Gazette, terminate the term of the Board constituted under this section and appoint an Administrator to exercise all the power and perform all the duties and functions of the Board: Provided also that where the term of the Board has been terminated under the foregoing proviso, neither its Chairman not any of its members shall be entitled to any compensation whatsoever in respect of the unexpired portion of his term.) 22-G. Powers and duties of the Chairman and Vice-Chairman. - (1) The chairman shall be the chief controlling and supervising officer of the Board. All other officers and employees of the Board shall, subject to the provisions of this Act, rules and bye-laws be under his control. (2) The Chairman shall, - a) Preside over the meetings of the Board and its committees and conduct the business at such meetings; b) Supervise the financial and executive matters of the Board; c) Exercise supervision and control over the officers and employees of the Board. (3)The Vice-Chairman shall preside over the meetings of the Board and its committees and exercise the powers of the Chairman in the absence of the Chairman. 22-H. Marketing Development Fund. (1) There shall be a fund called Marketing Development Fund, which shall be administered by the Board. (2) All receipts of the Board shall be credited, and all expenditure incurred by the Board in discharge of its duties shall be debited to the Marketing Development Fund. 11 22-HA. Borrowing power of the Board. For carrying out the provisions of this Act, the Board may borrow money a) From the State Government; or b) With the previous approval of the State Government, - i. From any other agency; or ii. by issuing debentures on the security, of any property vested in it or on the security of part of its future income accruing to it under this Act, or the rules made there under. 22-I. Sums of money to be credited to the Marketing Development Fund and investment of the surplus. (1) The following sums of money shall be credited to the Marketing Development Fund :- (i) Any grants or loans sanctioned by the government; (ii) Contributions received from market committees under section 18-A; (iii) Loans raised by the Board with the approval of the government; (iv) Such other sums of money as the Government may direct. (2) All expenditure incurred by the Board shall be defrayed out of the said fund and the surplus funds shall be invested in such manner as may be prescribed. 22-J. Purposes for which the Marketing Development Fund shall be utilized. The Marketing Development Fund shall be utilized by the Board for the following purposes, namely: (i) Improvement and regulation of Agricultural Markets in the state; (ii) Giving of aid to financially weak market committees in the State in the form of loans and grants to enable them to discharge their duties and functions satisfactorily; (iii) Payment of salaries, allowances, pensions, gratuities, compassionate grants to its employees and contributions towards salaries, allowances, pension and gratuity of the Government employees, if any, serving to the Board. All expenditure under this clause shall be the first charge on Marketing Development Fund; (iv) Payment of travelling and other allowances to the members of the board in the manner prescribed; (v) Undertaking, education and publicity in relation to matters connected with regulated Marketing of Agricultural Produce in the State; (vi) Meeting of legal expenses; (vii) Provision of technical and administrative assistance to market committees including maintenance of staff for rendering assistance to market committees for such purposes as:- (a) Engineering; (b) Auditing of accounts of market committees; (viii) Training of officers and staff of the market committees and organization of camps, workshops, seminars and conferences; (ix) Grading and standardization of agricultural produce; (x) Construction of market roads and approach roads to the markets; (xi) Construction of market yards and sub-yards and leading or transferring these to the market committees; (xii) Sanction of loans and advances to its employees in the manner prescribed; (xiii) Establishment and maintenance of the offices of the Boards; (xiv) Expenditure on audit of the accounts of the Board; and (xv) With the prior approval of the Government any other purpose connected with agricultural marketing. 22-K. Functions of the Board. - (1) The Board shall as far as possible and necessary, carry out the purposes specified in section 22-J. (2) The Board shall tender advice to the Government and the market committees in relation to agricultural marketing as and when referred to. 22-L. Matters on which Board may frame bye-laws. - The Board may frame byelaws for the following purposes, namely a) The manner in which the Board may carry out the purposes referred to in section 22-J and 22-K; b) Administration of the properties of the Board including the maintenance and regulation of rest houses, staff quarters and other buildings and assets of the board; c) The procedure for giving aid to financially weak market committees; d) The payment of allowances to the members of the Board and its committees; e) The person or persons by whom, and the manner in which, a contract may be entered into or payments made on behalf of the Board; and f) Any other purpose which, in the opinion of the board is expected to further the interests of the Board or the market committees or lead to improvement of marketing of agricultural produce. 22-M. Provisions of the Act and rules to apply to the Board. Save as provided in this Chapter, the provisions of this Act and the rules applicable to a market committee shall mutatis mutandis be applicable to the Board. 11 CHAPTER IV-B CONTRACT FARMING 22-N. Contract farming. (1) Contract farming buyer shall register himself with the market committee in such manner as may be prescribed. (2) The contract farming buyer shall get the contract farming agreement registered with the market committee. The contract farming agreement shall be in such form, containing such particulars and terms and conditions as may be prescribed. (3) Notwithstanding anything contained in contract farming agreement, no title, rights, ownership or possession of contract farming producer on his land under contract farming shall be transferred or alienated or vest in the contract farming buyer or his successor or his agent as a consequence arising out of the contract farming agreement. (4) If any dispute arises between the parties in respect of the provisions of the agreement either of the parties may submit an application to the market committee to arbitrate upon the disputes. The market committee shall resolve the disputes after giving the parties a reasonable opportunity of being heard. (5) The party aggrieved by the decision of the market committee under sub-section (4) may prefer an appeal to the Director within thirty days from the date of decision. The director shall dispose off the appeal after giving the parties a reasonable opportunity of being heard and the decision of Director shall be final. (6) The decision of the market committee under sub-section (4) and decision in appeal under sub-section(5) shall have force of the decree of a civil court and shall be enforceable as such and decretal amount shall be recovered as arrears of land revenue. (7) Disputes relating to and arising out of contract farming agreement shall be settled in accordance with the provisions made herein above and shall not be called in question in any civil court. (8) The agricultural produce under contract farming may be sold to the contract farming buyer at places other than the market yard except in market proper. The market fee shall be payable by the contract farming buyer of agricultural produce at the rates prescribed under section 17 and in such manner as may be prescribed. (9) Contract farming agreement may be made for fruits, vegetables, medicinal plants or aromatic plants and such other agricultural produce as may be specified by the State Government from time to time by notification in the Official Gazette.