Amendment status not verified — confirm the current text below against the official source.
rn the rr,:::?::11. in chaprer_V ^*;;:;;;,,,.. I?Hffi- new se#ioi 5o 1'=.ro 30 B sharr be irr5g4g6, (i) ', 30 A lT.^?,:.^.p r. ^.uy ,.ef,]lt ligence to purchase a g ricultural, produce Uy urti btiJntng private yaro, _o, oiru.t fi"om asricultu rists-i n ;;;; ffi ie m arker a rea for (i) process of the notified agricultural produce: [[1..|;:ffi#f notified asricultural produce of particutar (iii) export of notified agricultural produce; (iv) grading, packing and trans uar, ua alit,'* ;; no1i;J' ;,,Hi[?:i,;i"Jl.$n"' way by .il : . 10 €i" I Estab!ishrnent of eonsumer / farmer markets (direct sale by the producer) Amendment of section 31 \ ill JU B. (i). Consurner / Farnrer ;-narket may De estabtisned by developing infrastructure as prescribec, by any person in any market area. At such place, producer of agriculturai produce himself may, as prescribed, sell his produce directly to the consumer. Provided that the consumer may not purchase more than such quantity of a commodity at a time in the consumer market as may be prescribed. (ii). Market service charge shall be collected on sale of agriculture produce by the seller and will be remitted to the proprietor of the consumer market. (iii). Save as otherwise provided in this Act no market fee shall be levy able on the transac[ions undertaken in the consumer / Farmers market, (iv). Licence for establishment of consumer / farmer market shall be granted by the State Govt. f Diredor.,, In the Principal Act, for Sub-section (1) and the proviso thereof of section 31 the following shail be substituted, namely;- " (1) Any person who under Section 30 A desires to purchase notified agricultural produce direct from agriculturists or wishes to establish a private yard or under section 30 B desires to establish a consumer I farmer market in one or more than one market area and the person desires to use any place in the market area for the marketing of agricultural produce as desired by notification under section 4 or desires to operate in the market area by the trader, commission agent, surveyor, processor/ weighman, measurer etc. in relation to the marketing of agricultural produce shall apply for the licence as prescribed under section 30 for grant, renewal of licence in the manner prescribed by the State Govt. Provided that the Director ffidy, where a Market committee has not been constituted or has not started functioning, subject to any rules that may be made in this behalf, grant a licence for the marketing of agricultural produce or for operating in any market area as a trader, commission agent, processor/ weighman, measurer, surveyor, ware houseman or any other capacity.,, 15, 11 Arnendnnent of Sub-section (1) of Section 32 Amendment of sub-section (1) of section 34 1b. 77, in the Prin6ip,11 4at thp rn,nrrr \/ n:,-.^-L^,-, t, -L -, t. . inserted in sr.rb-secii"i irj .T s.Iio'n'i', o"irr". .[ word " a l{arket Conrmittee .,, 1,, tf Principai Act, for Sub-section {1) of Section 34 the following shall be substituted, name.ly ;_ "(1) Dispute between the private or the consumer market and the Market Committee shali be referred to Director or any other Officer of State Govt. in tiris regard as may be prescribed. Dispute between buyers and sellers of agricultur-al produce or their agent including any dispute regarding quality, weighG or payment or any matter in reration to the regulation of marketing of agricurturar produce in the market area shall be referred to respective Market Commitree. The Director / Market Committee arbitrator as the case may be for the dispute." may appoint an settlement of the Addition of new Schedule to the Act 1(). 12 Schedule - B CONTRACT F'ARMII{G AGRE, EI{T 1.3 {All clauses of the agreernent are sub. "ConrenLs ora Moder ..;;;;;;;rr..J:n'1,]"ro*ffive expranatory nore siven unoer THIS AGREEMEI\T is made and entered into at 2006 beMeen.... . ,nu*n uo.,...,.j?i" pa*y or the ;:l::1,*n,.7 n':["]"i::ff"::'J,,n:il,1',='n'context or meanins rhereor mean and incrude his and assigns) of the one part and MiS .......a pW.l publir companies Act 1ss6 unot t'ffi;t' '::*orated under the provision of """""""'herein after caller registered office at expression shall unless repugnant to the successor and assisns) of the other part. context or meanins'*llLr;:::'.r:tl ,tf ;: AND WHERE AS' the parly of the second part is trading in agricultural use and also providing technical know hoi,rr in respect .t ,.ro or.orrr,.r, ,r*;; ';]l,ou,,on, o.r, management, irrigation, harvesting & aiike things. AND WHERE AS' the party of the second part is interested in the items of the agriculturat produce more paftrc;;;.r,ioned in Annexure requesr o*he party or tr,. *.ono ;.; o; "; ; #;;,;:r:;..:iT:1 il:,:,.T; produce the items of agricultural produce menuoned in the Annexure I here to annexeo. Area in HecL t4 WHERE AS the bearins rhe followinr:?J::: first part is the owner / cultivaror or the asriculturar land AruD !&THERH As/ the parry is hereto have agreed to reduce in writing the terms & conditions in the manner here in after appearing, NOW, THESE PRESENCE WITNESSTH AND IT IS TIEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Clause 1 The pafi of the first part agrees to cultivate and produce and deliver to the party of the second part and the paay of the second part agrees to buy from the parby of the first part the items of the agricultural produces, particulars of the items, quality, quantily and price of the items are more particularly mentioned in the Annexure I here to annexed. Clause 2 The Agricultural produce, pafticulars of which are mentioned in the Annexure I here to, will be supplied by the pafi of the first part to the party of the Second part within the period of .........,...........months/ years from the date hereof OR It is expressly agreed between the parties hereto that this agreement is for Agricultural produce pa(iculars of which are described in Annexure I hereto and for a period of "" ' ""months/ years and after expiration of said period, these agreement will automatically come to an end Clause 3 The party of the First part agrees to cultivate, produce and supply quantiby mentioned in Annexure i'hereto annexed to the party of the Second pat, 15 CEause 4 The party of the Fir-st part agrees to suppiy the quantity contractec according ic ouaiity specifications stipuiated in Annexure i. If the Agricultural produce is not as Der agreed qualifi standard, this party of the second part will be entiiled to refuse to take delivery of the Agricultural produce only on this count, Then the lhe the a) The pa(y of the First part shall be free to sell the produce to the party of the second paft at a mutually renegotiated price OR b) in open market (to butk buyer viz exporter/ processor/ manufacturer etc.) and if he gets a price less than the price contracted, he will pay to the party of the second part for his investment proportionately less OR c) In the market yard and if the price obtained by him is less than contracted price, then he will return proportionately less for the party of the second investment. In the event, the party of the Seccnd part refuses / fails to take delivery of the contracted produce for his own reasons then the party of the First part wilt be free to sell the produce in the open market and if the price received is lower than the contracted price viz dif;erence will be on account of the party of the second part and the parby of the second part shall pay the said difference to the party of the First part within a period of ..,,.... ..... ....days from asserting the said difference. C!ause-5, The party of the First Par"t agrees to adopt instructionl practices in respect of land preparation, nursery, fertilization, pest management, irrigation, harvestinq and any other as suggested by the party of the Second part from time to time and cultivate and produce the items as pei- specification mentioned in the Annexure-1 hereto. { G ;':* ':* s &* & g *'$* e HEe . ,'a+ . ::6 :& €* .*# .€ H ..:!E $ ffi # # ,#tr* E; $ $ 16 eiasse$- It is expressly aqreed by and betleen the parties hereto that buying wili be as pe1 1-re following terrns and buying slips will be issued immediately after the purchase. Date Delivery point Cost of Delivery. It is fufther agreed that it will be the responsibility of the pafi of the Second part to take in to possession of the contracted produce at the delivery point agreed after it is offered for delivery and if he fails to take delivery within period then the pafcy of the First part will be free to selt the agricultural produce contracted as under :- a) in the open market ( bulk buyer viz exporter/ processor/ manufacturer etc.), and if he gets a price less then the price contracted, he will pay to the party of the Second part for his investment proportionately less. b) In the market yard, and if the price obtained is less than the contracted price then he will return proportionately less to the par1ry of the Second paft for his investment. It is further agreed that the quality maintenance in transit will be the responsibility of the party of the Second part and the pafi of the First part shall not be responsible of liable for the same. Clause-7. The pariy of the Second part shall pay to the party of the First part the price/ rate mentioned in Annexure-l when his crop;has been harvested and delivered to the pafi to the Second part after deducting all outstanding advances given to the pafi of the First part by. the pafi of the Second part. The following schedule shall be followed for the payment. t7 Claalse:& The parties hereto shall insure the eontracied produce mentipned in Annexure-1 hereto, foi- the period of--..----....---- against risk of losses due to acG of Gods destruction of specified assets, loan default and production and income loss and all other acts or events beyond the control of the pafties, such as very iow production caused by the serrous outbreak of a disease, epidemic, or by abnormal weather condition, flood, drought, hailstorm, cyclones, earth-quakes' fire and other catastrophes, war, acts of Govt., action existing on or after the effective date of this agreement which prevent totally or partially the fulflllment of the obligation of the farmer. Upon request, the party of the First part invoking such acts shall provide to the other party confirmation of the existence of facts. such evidence shall consist of a statement of ceftificate of the appropriate Governmental Deptt. If such a staternent or certificates cannot reasonably be obtained, the pafi of the First part claiming such acts may as substitute' thereof, make a notary statement describing in details the facts claimed and the reasons why such a certificate or statement conflrming the existence of such facts. Alternatively, subject to the mutual agreement between the two parties the party of the First part may fill his quota of the produce through other sources and the loss suffered by him thereby due to price difference, shall be shared equally between the parties, after taking in to account the amount recovered from the insurance company, the insurance premium shaij be shared equally by both the parties. Clause-9. The party of the Second part hereby agrees to provide following services to the party of the First part during the period of cultivation and post harvest rnanagement, particulars of which services are as follows:- lt. Z.