Andhra Pradesh (Agricultural Produce and Livestock) Markets Act 1966
The Andhra Pradesh (Andhra Area) Commercial Crops and Markets Act, 1933, which is in force in the Andhra Area of the State, provides for the better regulation of marketing of commercial crops and the establishment of markets for that purpose. The Andhra Pradesh (Telangana Area) Agricultural Market Act, 1339 Fasli, which is in force in the Telangana Area, provides for the establishment of markets for the purchase and sale of all important articles of agricultural produce and livestock, and for the better regulation of such markets.
The question of integrating these two Acts was considered at a conference of all market committees in the State held in November 1957. The conference examined the recommendations of the Ad hoc Committee appointed by the former Hyderabad Government in 1954 to review
Read full ActPower of the Government to regulate or prohibit commission agents:- Where, in the opinion of the Government, it is considered necessary so to do, they may, by notification, regulate or prohibit the commission agents operating in the market.
Provided that nothing in this section shall prevent the market committee from issuing licences to commission agents operating in the market until the issue of notification under this section.
* [ ].
Power to make rules :- (1) The Government may, either generally or specially for any notified area or areas, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for
* [(i) the appointment and removal of members of a market committee.
(ii) the appointment of the Chairman and Vice Chairman of a Market Committee and their term of office;
(iii) the filling of casual vacancies in the office of the C
Bye laws :- (1) Subject to any rules made by the Government under Section 33 and with the previous sanction of the Director of Marketing, a market committee may, in respect of the notified area for which it was constituted, make bye laws for the regulation of the business and the conditions of trading therein;
* Provided that it shall be competent for a market committee to adopt the bye laws of any other market committee by a resolution and the bye laws so adopted shall come into force in respect of the market committee adopting the same on the publication of the resolution in the Andhra Pr
Exemption :- The Government may, by notification, and for the reasons to be specified therein, either permanently or for any specified period, exempt any market committee, any person or class of persons from all or any of the provisions of this Act, subject to such conditions as the Government may deem fit to impose.
Repeal and savings :- The Andhra Pradesh (Andhra Area) Commercial Crops Markets Act, 1933 and the Andhra Pradesh (Telangana Area) Agricultural Market Act, 1939 F, are hereby repealed :
Provided that
(a) any area declared to be a notified area or market under any of the Acts so repealed shall be deemed to have been declared under this Act * [ ]
* [(aa) any area declared to be a notified area or market or market yard by or under any of the Acts so repealed shall be deemed to have been declared to be a notified market area under this Act for the
Validation :- (1) Notwithstanding anything in the Andhra Pradesh (Telangana Area) Agricultural Market Act, 1339 Fasli, all contributions made by the Market Committee constituted under that Act to the fund which was called the Central Market Fund and all expenditure incurred therefrom, before the commencement of this Act shall be deemed always to have been validly made and incurred as if such contributions and expenditure were expressly provided for in the said Act, and no such contribution or expenditure shall be questioned in any court of law on the ground that the said Act did not provide for such contribution or expenditure.
(2) The balance of the said fund, if any, outstanding at the commencement of this Act shall st
17 C. Power to order production of accounts and power of entry, inspection and seizure :- (1) The assessing authority or any officer of the department of Marketing not below the rank of an Assistant Director of Marketing authorised by the Director of Marketing in this behalf, may, for the purposes of this Act, require any trade to produce before it or him the accounts, registers and other documents and to furnish any other information relating to his business or the levy of fees.
(2) All accounts, registers and other documents maintained by a trader in the course of his business the notified agricultural produce, livestock or products of livestock in his possession, and his offices, shops or establishments, godowns, vess
Short title, extent and commencement :- (1) This Act may be called the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date * as the Government may, by notification, appoint.
Definitions :- In this Act, unless the con otherwise requires :-
(i) "Agricultural produce" means anything produced from land in the course of agriculture or horticulture and includes forest prodce or any produce of like nature either processed or unprocessed and declared by the Government by notification to be agricultural produce for the purposes of this Act;
* [(i) (i) ?Appellate Authority? means the Regional Joint Director of Marketing having jurisdiction over the notified area concerned;]
Constitution of a Market Committee and declaration of notified market area :- (1) The Government shall constitute by notification a market committee for every notified area from such date as may be specified in the notification and the market committee so constituted shall be a body corporate by such name as the Government may specify in the said notification, having perpetual succession, and a common seal with power to acquire, hold and dispose of property and may, by its corporate name, sue and be sued ;
* [Provided that any market committee functioning immediately
before such constitution in respect of a notified area
* Composition of Market Committee :- * [(1) Every Market Committee shall consist of * [eighteen] members and shall be constituted by the Government by notification in the following manner,--
(i) * [eleven] members to be appointed by the Government in consultation with the Director of Marketing from among the following categories of growers of agricultural produce, owners of livestock and products of livestock in the notified area, namely :-
(a) growers of agr
* [Constitution of Market Committee for Special Markets :?(1) Every market committee constituted for a special market under sub-section (1-B) of Section 4 of the Act, shall consist of eighteen members in the following manner as nominated and appointed by the Government,?
(i) There shall be eight grower members;
(ii) There shall be two licensed trader members, out of whom one shall be a representative of the processing unit or the company or society having special interest in the specific produce;
(iii) Chairman of the Municipality or Sarpanch of the Gram Panchayat as the case may be
* Reconstitution of the market committee :- (1) The Government shall reconstitute the market committee on the expiration of the term of office of the members of the market committee or of the term as extended under sub section (2).
(2) The Government may extend the term of office of the members of a market committee for a period not exceeding one year.
Provided that no such extension shall be given for a period exceeding six months at a time.
(3) (a) Where, for any reason, there is delay in the constitution or reconstitution of the market committee
Power of Government * [or the Director of Marketing] to suspend the Chairman of the Market Committee :- If the Government * [or the Director of Marketing] are of the opinion that the Chairman of the Market Committee wilfully omitted or refused to carry out the orders of the Government * [or the Director of Marketing] for the proper working of the Market Committee or abused his position or the powers vested with him, and that the further continuance of such person in office would be detrimental to the interests of the Market Committee or the inhabitants of the market, the Government
Power of Government * [or the Director of Marketing] to withdraw the powers of Chairman :- Notwithstanding anything in this Act or the rules made thereunder, where in the opinion of the Government * [or the Director of Marketing], the Chairman of the Market Committee wilfully omits or refuses to carry out the orders of the Government * [or the Director of Marketing] for the proper working of the market committee or abuses his position or the powers vested in him, they may by order, withdraw all or any of the powers vested in him by or under this Act pending investigation into such omission, refusal or
Trading etc., in notified agricultural produce, livestock and products of livestock in the notified area :- (1) No person shall, within a notified area, set up, establish or use, or continue or allow to be continued, any place for the purchase, sale, storage, weighment, curing, pressing or processing of any notified agricultural produce or products of livestock or for the purchase or sale of livestock except under and in accordance with the conditions of a licence granted to him by the market committee :
Provided that the market committee may exempt from the provisions of this sub section any person who carries on the business of purchasing or selling any notified agricultural produce, livestock or products of livestock n
* [National Integrated Produce Market :?(1) Notwithstanding anything contained in this Act, or any other law for the time being in force, the State Government may, by notification, declare that with effect from such date as may be specified therein, there shall be established for marketing of agricultural produce including fruits and vegetables in respect of any area or areas in the State a National Integrated Produce Market owned and managed as an autonomous entity by National Dairy Development Board incorporated under the National Dairy Development Board Act, 1987 (Central Act 37 of 1987) (hereinafter referred to as NDDB), directly or through any organization set up by itself or in conjunction with far
Power to remove difficulties :?If any difficulty arises in giving effect to the provisions of Section 7-A, the Government may, by order make such provisions, not inconsistent with the provisions of Section 7-A, as appear to them to be necessary or expedient for removing of the difficulty : Provided that no such order shall be made after a period of five years from the date of commencement of provisions of Section 7-A.]
Sub committee and delegation of powers :- The market committee may appoint one or more of its members, to be a sub committee or special committee or for the conduct of any work or to report on any matter, and may delegate to any one or more of its members such of its powers or duties as it may think fit.
Meetings :- (1) The market committee may, at any time, call a meeting of the market committee, but such meeting shall be held at least once in every month. The market committee shall also call a meeting of the market committee within one month after receipt of a requisition in writing from the Director of Marketing or one third of the total number of members of the market committee.
Explanation : In the determination of one third of total number of members under this sub section, any fraction arrived at shall be counted as one.
(2) Where a meeting is not called as provided in sub section (1) the Director of Marketing shall call such meeting.
Appointment and salaries of officers and servants of Market Committee :- (1) All appointments of officers and other employees necessary for the management of the market Committee shall be made in the prescribed manner.
(2) The market committee shall in the case of persons in the service of the Government whom it employs, make such contribution towards his pension and leave allowances, as may be required by the conditions of his service under the Government to be paid by him or on his behalf.
(3) The Chairman, Vice Chairman and every officer or servant of a market committee shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
Execution of contracts :- (1) Every contract entered into by a market committee shall be in writing and shall be signed on its behalf by the chairman and two other members thereof and if the market committee has been superseded, by the person or persons appointed under sub section (3) of Section 22.
(2) No contract other than a contract executed as provided in sub section (1) shall be binding on a market committee.
* [Contract Farming :?(1) A market committee shall register the transactions of contract farming in the notified area with prior permission of the Government or such authority as may be prescribed for the purposes of this Act.
(2) The contract farming shall not be performed unless,?
(i) the buyer has registered himself in the notified area of the market committee, wherein the land of contract farming producer is situated or with such authority as may be prescribed, in case the land of contract farming producer is situated in more than one notified area;
(ii) the agreement is register
Levy of fees by the market committee :- (1) The market committee shall levy fees on any notified agricultural produce, livestock or products of livestock purchased or sold in the notified market area * [at such rate, not exceeding * [two rupees] as may be specified in the bye laws] for every hundred rupees of the aggregate amount for which the notified agricultural produce, livestock or products of livestock is purchased or sold, whether for cash or deferred payment or other valuable consideration.
Explanation I : For the purpose of this section, all notified agricultural produce, livestock or products of livestock taken ou
* Submission of return of turnover by trader :- Every trader in the notified area, who is liable to pay fees under Section 12, shall submit such return or returns relating to his turnover in such manner, within such period and to such authority, as may be specified by the market committee in its bye laws.
Explanation B : For the purposes of Sections 12 A to 12 G (both inclusive) the terms
(i) "market fees" shall mean the fees levied under sub section (1) of Section 12 ;
(ii) "turnover" shall mean the aggregate amount for which the notified agricultural produce, livestock or
12B. Assessment of market fees :- (1) If the assessing authority is satisfied that any return submitted under Section 12 A is correct and complete, it shall assess the amount of market fees payable by the trader on the basis thereof ; but if the return appears to be incorrect or incomplete, it shall, after giving the trader an opportunity of proving the correctness and completeness of the returns submitted by him and after making such inquiry as it considers necessary, assess to the best of its judgment the amount of market fees due from the trader. An assessment under this section shall however, be made only within a period of three years from the expiry of the year to which the assessment relates.
(2) Where the return s
12C. Payment of market fees and other dues payable under the Act :- (1) The market fees assessed under this Act and the penalty levied under sub sections (3), (4) and (5) of Section 12 B shall be paid by the trader in such manner and within such time not being less than fifteen days from the date of service of the notice of assessment or of the levy of penalty, as may be specified in such notice.
(2) The Director of Marketing may by general or special order permit the payment of any market fees or penalty or both assessed or levied under this Act in two or more instalments within such intervals as may be specified in the said order.
(3) If the market fees assessed under this Act o
Recovery of market fees where business of trader is transferred :- Where the ownership of the business of a trader liable to pay market fees is transferred, any market fees or other amount payable under this Act in respect of such business and remaining unpaid at the time of transfer may, without prejudice to any action, that may be taken for its recovery from the transferor, be recoverable from the transferee as if he were the trader liable to pay such market fees or other amount.
12E. Appeals :- (1) Any trader objecting to an order of assessment passed, or proceeding recorded by the assessing authority, under the provisions of this Act may, within thirty days from the date on which the order or proceeding was served on him, appeal to the Regional Joint Director of Marketing having jurisdiction over the notified area concerned (hereinafter referred to as the Appellate Authority) :
Provided that the Appellate Authority may admit an appeal preferred after the period of thirty days aforesaid, if it is satisfied that the trader has sufficient cause for not preferring the appeal within that period ;
(2) Before preferring an appeal under this section, market fee
Revision by the Director of Marketing :- (1) The Director of Marketing may suo motu, or on an application made to him call for and examine the record of any order passed or proceeding recorded by any authority or officer subordinate to him or by any market committee or any authority or person authorised by it, under the provisions of this Act for the purpose of satisfying himself as to the legality or propriety of such order or as to the regularity of such proceeding and may pass such order in reference thereto as he thinks fit ;
Provided that every application for the exercise of the powers under this section shall be preferred within thirty days from the date on which the order or proceedings was communicated to the ap
12G. Appeal to High Court :- (1) Any trader objecting to an order relating to assessment passed by the Director of Marketing under sub section (1) of Section 12 F, may appeal to the High Court within sixty days from the date on which the order was served on him :
Provided that the High Court may admit an appeal preferred after the period of sixty days mentioned in sub section (1), if it is satisfied that the trader has sufficient cause for not preferring the appeal within that period.
(2) The appeal shall be in such form, shall be verified in such manner and shall be accompanied by such fee as may be prescribed.
(3) The High Court after giv
Levy of subscription for market reports etc. :- The market committee may, in accordance with such rules as may be made in this behalf, levy a subscription for collecting and disseminating among the subscribers, information as to any matter relating to statistics or marketing in respect of notified agricultural produce, livestock or products of livestock.
Market Committee Fund :- (1) All moneys received by a market committee shall be paid into a fund to be called The Market Committee Fund and the said Fund shall be deposited, in a single banking account with the nearest Government treasury, or with the sanction of the Government, in a Bank. All expenditure incurred by the market committee under or for the purposes of this Act shall be defrayed out of the said Fund : and any surplus remaining after such expenditure shall be invested in such manner as may be prescribed.
(2) (a) Every market committee shall, out of its fund, pay to the Government the cost of any special or additional staff employed by the Government in consultation with market committee in the notified area
Purposes for which the Market Committee Fund may be expended :- Subject to the provisions of Section 14, the Market Committee Fund shall be expended for all or any of the following purposes, namely :
(i) the acquisition of site for the market ;
(ii) the establishment, maintenance and improvement of the market;
(iii) the construction and maintenance of buildings necessary for the market and for the health, convenience and safety of the persons using the market and maintenance of buildings under the control of the market committee ;
(iv) the provision and maintenance of standard weights and measures ;
Central Market Fund :- (1) There shall be formed for the whole of the State, a fund to be called the Central Market Fund . Every Market Committee shall contribute ten per cent of its annual income to the Central Market Fund and the contribution so paid shall be placed to the credit of the said Fund.
* [Provided that it shall be competent for the Director of Marketing to grant postponement of the payment of contribution or reduction or remission thereof in respect of any newly constituted market committee upto a period of three years from the date of its constitution.]
(2) The Central Market Fund shall be vested in the Government and de
No trade allowance permissible except as prescribed by rules or under bye laws :- No trade allowance other than an allowance prescribed by rules or provided under bye laws, shall be made or received, in a notified area by any person in any transaction in respect of notified agricultural produce, livestock or products of livestock and no civil court shall, in any suit or proceeding arising out of any such transaction, have regard to any trade allowance not so prescribed or provided.
Explanation : In the case of notified agricultural produce and products of livestock, every deduction other than a deduction on account of deviation from sample, when the purchase is made by sample, or of deviation from standard, when
* Recovery of excess and unauthorised collections :- Where a market committee is of the opinion that any trader or commission agent in the notified market area has made any collection in excess of what is allowed by law or unauthorisedly by whatever name called, the market committee may require, at any time within a period of eleven years from the date of the said excess or unauthorised collection, such trader or commission agent to produce before it all accounts, registers and other documents and to furnish any other information relating to such transaction, and may, after such enquiry as it deems fit, in the circumstances of the case, determine the amount collected in excess or unauthorisedly by such trader or commission agent, an
* Maintenance of true and correct accounts and records by traders etc. :- Every trader shall keep and maintain true and correct accounts and records relating to his business promptly showing such particulars as may be prescribed.
Power to borrow :- (1) A market committee may, with the previous sanction of the Government, raise the money required for carrying out the purposes for which it is constituted on the security of any property belonging to it and of any fees leviable by it under this Act. A market committee may, for the purpose of meeting the initial expenditure on lands, buildings and equipment required for establishing the market, obtain a loan from the Government.
(2) The conditions under which such money or loan shall be raised and the time within which the same shall be repayable shall be subject to the previous sanction of the Government.
Liability of the Chairman and member for loss, waste or misapplication of property :- (1) The Chairman, Vice Chairman and every member of a market committee shall be liable for the loss, waste or misapplication of any money or other property belonging to the market committee if such loss, waste or misapplication is a direct consequence of his negligence or misconduct and a suit for compensation may be instituted against him in a court of competent jurisdiction by the market committee with the previous sanction of the Director of Marketing.
(2) Every such suit shall be commenced within three years from the date on which the cause of action arose.
Member not to be liable personally in respect of a contract or agreement made by or on behalf of the market committee :- No member of a market committee shall be personally liable in respect of any contract or agreement made, or for any expense incurred by or on behalf of the market committee ; but the funds at the disposal of the market committee shall be liable for, and charged with, all costs in respect of any such contract or agreement and all such expenses.
Costs of suit filed against market committee etc., without notice :- (1) Where a suit is instituted against the market committee, the Chairman, Vice Chairman, or any other member or any of its officers, or servants or any person acting under the direction of such market committee Chairman, Vice Chairman or other member or officer or servant acting in good faith and the claim of the plaintiff is satisfied before the date fixed for the settlement of issues or where the summons are issued for the final disposal of the suit, before the date of the hearing for the final disposal, the plaintiff shall not be entitled to the costs of the suit against the market committee or the Chairman, Vice Chairman, or any other member or officer or servant, as the case may be, unle
Supersession of market committees :- (1) If, in the opinion of the Government a market committee is not competent to perform or persistently makes default in performing the duties imposed on it by or under this Act, or abuses its powers, they may, by notification, supersede such committee for a period not exceeding * [six months] in the first instance and may, by order, extend, from time to time, the period of supersession so however that the total period of supersession in the case of any market committee shall * [not exceed one year.]
Provided that before issuing a notification under this sub section, the Government shall give to
Penalties :- * (1) Whoever contravenes the provisions of Section 7 or fails to pay the fees levied under sub section (1) of Section 12 shall, on conviction be punished with imprisonment for a term, which shall not be less than six months but which may extend to one year and with fine, which may extend to five thousand rupees, and in the case of a continuing contravention with further fine which may extend to five hundred rupees for every day during which the contravention is continued after conviction thereof ;
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.
* Compounding of offences :- (1) The market committee may accept from any person, who has committed or is reasonably suspected of having committed an offence against this Act or the Rules or bye laws made thereunder, other than such offences as may be prescribed, or by way of compounding of such offences
(a) Where the offence consists of the failure to pay, or the evasion of any fee, or other amount recoverable under this Act, or the rules or bye laws made thereunder, in addition to the fee or other amount so recoverable, a sum of money not less than the amount of the fee or other amount subject to a minimum amount of rupees two hundred and fifty ; and
(b) in oth
Power to write off irrecoverable amounts :- A market committee may, subject to such restrictions and control as may be prescribed, write off any amount due to it, if in its opinion such amount is irrecoverable ;
Provided that the market committee shall obtain the previous sanction of the Government for writing off any such amount where it exceeds one hundred rupees.
Trial of offences :- (1) No offence punishable by this Act or any rule or bye law made thereunder shall be tried by a court inferior to that of a magistrate of the first class.
(2) Prosecution * [for the contravention of the provisions of this Act or any rule or bye law made thereunder] may be instituted by any person duly authorised in writing by the market committee in this behalf.
(3) All fines recovered from any person convicted shall be credited to the Consolidated Fund of the State and a grant equivalent to such fine shall be paid to the market committee.
Recovery of sums due to Government and market committee :- (1) All sums due from a market committee to the Government may be recovered in the same manner as arrears of land revenue.
(2) All sums due to the market committee by way of market fees or other fees may be recovered in the same manner as arrears of land revenue.
Revision :- (1) The Director of Marketing may, of his own motion or on application made to him, call for and examine the record of any market committee and the Government may, of their own motion or on application made to them, call for and examine the record of the Director of Marketing, in respect of any proceeding, * [other than a proceeding relating to assessment and recovery of market fees under Sections 12 A to 12 F (both inclusive),] to satisfy himself or themselves as to the regularity of such proceeding, or the correctness, legality or propriety of any decision passed or order made therein; and if in any case it appears to the Director of Marketing or the Government that any such decision or order should be modified
* Power to remove difficulties :- If any difficulty arises in giving effect to the provisions of this Act, the Government, as occasion may require, may by order do anything which appears to them to be necessary for the purpose of removing the difficulty.
Act not to apply to markets established by or on behalf of Government :- Nothing in this Act shall apply to any place set up, established or continued on behalf of the Government for the purchase, sale, storage, weighment, pressing or processing of any notified agricultural produce or products of livestock or the purchase, sale or accommodation of livestock or to the purchase or sale of any such notified agricultural produce, livestock or products of livestock by or on behalf of the Government.
Payment of compensation in respect of markets in municipalities and in areas within the jurisidiction of other local authorities :-
(1) Where in pursuance of Section 3, the Government notify any area comprised within the local limits of the jurisdiction of a municipality or other local authority. no such municipality or other local authority shall levy any fees on any notified agricultural produce, livestock or products of livestock purchased or sold in the notified area.
(2) The market committee of the notified area shall, out of its funds, pay every year to the municipality or other local authority. which was levying such fees immediately before the notification of the area, a s
Act to override other laws:- Nothing in any law providing for the establishment, maintenance or regulation of a market or the levy of fees therein shall apply to any market established under this Act or affect in any way the powers of a market committee, in respect of such market.
Registration of document executed on behalf of a market committee :- (1) Notwithstaning anything in the Indian Registration Act, 1908, it shall not be necessary for the Chairman or any member or officer of a market committee to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him in his official capacity or to sign as provided in Section 58 of that Act.
(2) Where any instrument is so executed, the registration officer to whom such instrument is presented for registration may,if he thinks fit, refer to the chairman, member or person referred to in sub section (1) of Section 11 for information respecting the same and, on being satisfied
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