Gujarat Agricultural Produce Markets (Amendment) Act, 2007 (No. 17 of 2007)

Extra No. 18 REGISTERED No. G/GNR/2 © Qtbe �ujarat �obtrnmtnt @a1tttt EXTRAORDINARY G•J.XX of1'64. PUBLISHED BY AUTHORITY Vol.XLVUl) TUESDAY, MAY 1, 2007NAISAKHA 11, 1929 Sepanite paging is given to tbis Part in order tbat it may be filed as a Separate Compilation. PART IV Acts oftbe Gujarat Legislature and Ordinances promulgated and Rcgulations made by the Goveroor. The following Act of the Gujarat Legislature, having been assented to by the Govemor on the 30'b April, 2007 is hereby published for general infonnation. H.D. VYAS, Secretary to the Government of Gujarat, Legislative and Parliarnentary Affairs Department. GUJARAT ACT NO. 17 OF 2007 (First published, after having received the assent of the Govemor in the "Gujarat Government Gazette ", on the 1" May, 2007). AN ACT further to amend the Gujarat Agricultura! Produce Markets Act, 1963. It is hereby enacted in the Fifty-eighth Y ear of the Republic of India as follows : 1. (I) This Act may be called the Gujarat Agricultural Produce Markets Sbort title and (Amendment) Act, 2007. commencemeot. (2) lt shall come into force on such date as the State Govemment may, by notification in the Official Gazette, appoint. iJ' , 2. ln the Gujarat Agricultura! Produce Markets Act, 1963 (hereinafter referred to as "the principal Act"), in section 2, (I) after clause (v), the following clauses shall be inserted, namely: N-Ex.,-18-1 18-1 Amendment of section 2 of Guj.XX of 1964. 18-2 GUJARAT GOVERNMENT GAZETIE, Ex., 1-5-2007 [PART IV "(v-aa) "contract farming" means farming by a person under a written agreement with agriculturist to the effect that his agricultw-al produce shall be purchased as specified in the agreement; (v-aaa) "Contract Farming Agreement" means an agreemcnt made for contract farming betwecn the sponsorer and agriculturist;"; (2) after clause (vi), the following clauses shall be inserted, namely: "(vi-a) "e market" means a virtual platform created using information and commurúcation technology for marketing activities in agricultura! produce such as billing, booking, contracting, negotiating, information exchange, record keeping and other connected activities as are done electronically on computer network or interne!; (vi-aa) "export" means dispatch of agricultura! produce outside the territory of Jndia; (vi-aaa)"exporter" means such person or firm who exports agricultura! produce; (vii-a) "import" means bringing agricultura! produce from outside the territory of India; (vii-aa)"importer" means such person or firm who imports agricultura! produce from outside the territory of India;"; (3) for clause (xij), the following clauses shall be substituted, namely: "(xii) "Managing Director" means the Managing Director of the Gujarat State Agricultura! Marketing Board appointed under section 341; (xii-a) "market" means a market established and regulated under this Act for the notified market area and also includes a market proper, a principal market yard, sub-market yard, private market, e-market and such other markets as may be declared under thjs Act;"; (4) after clause (xiii), the following clause shall bc inserted, namely: "(xili-a) "market service charges" means the charges on account of or in respect of commission, brokerage, weighing, measuring, hammali (Joading, unloading, and carrying), clearúng, drying, sieving, stitching, stacking, hiring, gunny bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing and such other charges as the Director may by order in lhe Official Gazette, specify;"; (5) after clause (xiv), the following clause shall be inserted, namely: "(xiv-a) "market functionary" means a trader, a commission agent, buyer, hamal, processor, a stockiest and such other person as the State Govemment may by order in the Official Gaze/te, declare;"; PART IVI GUJARAT GOVER.t,1',fENT GAZETTE, Ex., 1-5-2007 (6) aftcr clause (x.vi), the following c!auses shall be inserted, namely: "(xvi-a)"prescribed authority" means an officer, an agency or the organization as the State Government may by arder in the Official Gazette, appoint; (xvi-aa) "private market" means the market for which thc licence has been granted under Chapter IVA;"; (7) after clause (x.vii), the following clauses shall be inserted, namely: "(xvii-aa) "processing" means any one or more of a series of treannents relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanica), chemical or physical treatment to which raw agricultura! produce or its product is subjected to; (xvii-aaa) "processar" means a person who undertakes processing of any agricultura! produce on his own aceord or on payment of a charge; (xvii-aaaa)"registration" means registration granted under section 31B;"; (8) after c!ause (xx), the following clause shall be inserted, namely: "(xx-a) "special market" means a market declared as such under section 3 IM;"; (9) after clause (xxiii), the following clauses shall be inserted, nameiy: ''(xxiii-a)"transportation" means caniage of agricultura! produce by any means of transport from one placc to another; (xxiii-aa) "transporter" means a person who transports agricultura! produce; (xxiii-aaa) "value addition" means processing, grading, packing or other activities due to which value is added to the agricultura! produce;". 3. ln the principal Act, in section 6, in sub-section (1 ), for the words "After the expiry", the words "Save as otherwise provided in this Act, aftcr the expiry" shall be substituted. 4. ln the principal Act, section 28 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub­ section shall be added, namely: "(2) (a) The market fee specified in sub-section (1) shall not be levied for the second time in any market area from the buyer who is a processor, grader, packer, value addition centre or exporter of an agriculture produce and 18-3 Amendment of section 6 ofGuj. XX of 1964. Amendment of section 28 ofGuj. XX of 1964. 1 1 18-4 Insertion of new section 28A in Guj. XX ofl964. Power to grant exemption rrom payment of market fee. GUJARAT GOVERNMENT GAZETTE, Ex., 1-5-2007 {PART IV market fee has already been paid on that agricultura! produce in aoy market and the infonnation in this context has been furnished, as prescribed, by thc person concemed that the payment of market fee has already beco made in otber market, provided such proof as rnay be prescribed is fumished to tbe Director by the buyer who is doing processing, grading, packing, value addition or export within such period as may be prescribed by the Govemment. (b) On the agricultural produce brought in thc market area for commercia! transaction or for processing, if the permit issued under clause (e) has not been submitted, the market fee shall be deposited by the buyer or processor, as lhe case may be, in tbe office of the market committee, within fourteen days but before sale or resale or processing or export outside the market area: Provided that in case any agricultura! produce is found to have been processed, sold or resold or dispatched outside the market area without payment of markct fee payable on such produce, the market fees shall be levied and recovered on .five limes the market value of lhe processed produce or value of the agricultura! produce, as the case may be. (e) Toe market fec shall be payable by the buyer of the agricultura! produce and shall not be deducted fu:,m the price payable to the agriculturist sellcr: Providcd that where the buyer of a agricultura! produce cannot be ideotified, all the fees shall be payable by the person who may havc sold or brought the produce for sale in the market area: Provided further that in case of commercial transactions between traders in the market area, the rnarket fee shall be collected and paid by the seller. (d) The rnarket functionaries, as lhe market committee may by bye-Iaws specify and in the case of market established under Chapter IV A of this Act as the Director may specify, shall maintain accounts relating to sale and purchase or processing or value addition in such manner as may be prescribed and submit to the market committee, the periodical returns, as may be prescribed. (e) Any agricultural produce shall be removed out of the market area ooly in the manner and in accordance with lhe perrnit issued in such fonn, as may be prescribed. Toe vehicle carrying agricultura! produce shall be accompanied by such proofs as may be prescribed: Provided that the producer of lhe agricultura! produce hirnself may remove the agricultural produce from one place to another without such permit. 5. ln the principal Act, after section 28, the fol!owing section 28 A shall be inserted, namely: "28 A. The State Govemment may, by ootification published in the Official Gazette, and subject to such conditions and restrictions, if any, as may be specified therein excmpt in whole or part any agricultura! produce brought for PART IV] GUJARAT GOVERNMENT GAZETTE, Ex., 1-5-2007 sale or bought or sold in the market area specified in such notification, from lhe payment ofmarket fee for such period as may be specified.". 6. ln the principal Act, after section 31, the following Chaptcr and sections shall bc inserted, namely: "CHAPTER IV A PRIVA TE MARKET, SPECIAL MARKET, E-MARKET, DIRECT PURCHASE MARKET, FARMER-CONSUMER MARKET AND CONTRACT FARMING. 31 A. Notwithstanding anything contained in any other provisions of this Act, tbe provisions contained in this Chapter shall apply to the private market, special market, e-market, direct purcbase market, farmer-consumer market and contract fanning. 31 B. ( 1) Any person who, in respect of agricultura! producc, desires to operate in lhe market area as a trader, commission agent, weighman, hamal, surveyor, warehouseman, contract farming buyer, owner or occupier of processing factory or such other market functionary, shall apply to tbe managing body of lhe respective market for regi�tration or renewal of registration in sucb manner and within such period as may be prescribed: Provided that the State Govemment may, by notification in the Official Gaze/te, exempt such persons or class of persons from the requirement of registration for sucb period as may be specified: Provided further that any person who desires to trade or transact in any agricultura! produce in more than one market areas, shall apply for registration to lhe Director. (2) Every such application shall be accompanied by such fee as may be prescribed. (3) Toe managing body or, as the case may be, the Director may refuse to register or renew the registration oo the basis of one or more of the following reasons, namely: (i) if not accompanied by the prescribed fee; (ii) dues of the market committee are outstanding against the applicaot; (iii) the applicaot is a minor or not bonafide; (iv) the applicant is a defaulter of dues payable under this Act and rules or bye-laws made thereuoder; or (v) aoy other reasons as may be prescribed. IV-Ex.-18-2 18-5 lnsertion of new sections 31A to 31R in Guj. XX of 1964. Special provisions relating to private market and other marktts. Registratioo of market functiooaries. 18-6 Establisbmeot of Private Market, c­ market, direct purcha� from agriculturist. GUJARA T GOVERNMENT GAZETTE, Ex., 1-5-2007 [PART IV ( 4) (i) If the application received under sub-section ( l ) fulfills ali the requirements, it shall be disposed of by the managing body or as the case may be, the Director within a period of four weeks. Where the managing body or as the case may be, the Director fails to dispose of application within a period of four weeks, the applicant shail request in wriling the managing body or as the case may be, the Director, for dispasa! of his application, and also inform in writing to tbe Director, in case of application rnade to the roanaging body or to the State Govemment, in case of application made to the Director. (ii) If the application is not disposed of, within a period of two weeks from the date of receipt of request made under clause (i), the reg.istration or as the case may be its renewal shall bc deemcd to have been granted. (iii) Toe State Governrnent in case of Director or, as the case may be, the Director in case of the managing body shall, on the basis of information received by him and after the expiry of period of two weeks, confirm that the application for registration or the renewal was submitted to the managing body or, as the case may be, the Director and that duc action has not becn taken by the managing body or, as the case may be, the Director for dispasa! of thc said application, then (a) the Director, in case of the application made to the managing body, shall issue a certificate granting deemed registration or its deemed renewal within the period of two weeks; (b) the Sta te Govemment, in case of the application made to the Director, shall direct the Dircctor to issue a certificate granting deemed registration or its dcemed renewal within the period of twoweeks. 31 C. (!) Any person who desires to establish a private market or an e-market or to purchase agricultura! produce directly from the agriculturist in one or more market areas, shall apply to such authority, in such form, in such manner and accompanied by such fec as may be prescribed. (2) The prcscribed autbority may grant or renew licence on such terms and conditions as may be prescribed for (a) establishing a private market for (i) process of the agricultura! produce; (ii) trade of fruils and vegetables; (iii) expart of agricultura! produce; or (iv) grading, packing and adding value in any other way to the agricultura! produce, (b) establishing an e-market, or PART IV) GUJARAT GOVERNMENT GAZEITE, Ex., 1-5-2007 (e) purchasing agricultural produce directly from the agriculturist in one or more market areas. 31D. ( 1) The managing body of the private markct, c-market and the markets establisbed under scction 31.M shall lcvy and collect thc fces on the agricultura] produce rcferred to in clause (a) of sub-scction (1) of section 31 C brought or transactcd in the private market, e-market and the markets established under section 31 M at such rate and in such manner as may be prescribed. (2) No market fee shall be levied for second time in any market area for agricultura! produce on wbich market fee has been paid in a privatc market, e­ market and the markets established under section 3 l M on production of such proof as may bc prescribed. (3) The private market, e-market and tbe markets established under section 3 IM whicb has collected the fee under sub-section (1), sha11 contribute to the Development Fund established under section 34L, such percentage of fees in such manner, as may be prescribed. ( 4) ln case of e-market, the market fee shall be paid by the buyer on the purchase of goods at such rate and in such manner, as may bc prescribed. Out of the fees so collccted, such perccntage of fees as may be prescribed shall be contributed to the Oevelopment Fund established under section 34L. (5) Where tbe agricultura! produce is purchased directly from tbe agriculturist, the market fee shall be paid to the market committee constituted under section 11 from whose markct area the agricultura! produce has been bought and removed. 18-7 Levy of markct íees. 31E. ( 1) Any person who desires to establish a Farmer-Consumer marke1 Establisbment shall apply to such authority, in such forro, in such manner and accompanied offarmtr by such fce as may be prescribed. coosumer market. (2) The prescribed authority may grant or renew licence to establish Farmer- Consumer market on such terms and conditions, as may be prescribed. The person to whom a licence has been granted shall deveio� necessary infrastructure and at sucb place, producer of agricultura! produce himself may, as may be prescribed, sell bis produce directly to the consumer: Provided that the consumer shall not purchase in excess of such quantity of commodity at a time in the market as may be prescribed. (3) No market fee shall be levied on the transactions undertaken in the Farmer-Consumer market. (4) The proprietor of the Farmer-Consumer market may charge such amount from the buyer for the services provided by bim at such rate as may be prescribed. 18-8 Rejedion of application for grant or reoewal of litence. GUJARAT GOVERNMENT GAZETTE, Ex., 1-5-2007 [PART IV 31F. An application received under section 31C and 31E for grant or renewal of licence may be rejected for the reasons recorded in writing by the prescribed authority, on the basis of one or more of the following reasons, namely, : (i) the application is not accompanied by the prescribed fee; (ii) the dues of the managing body are outstanding against the applicant; (iii) the applicant is a minor or not bonafide; (iv) the applicant is a defaulter of the dues payable under this Act, rules or the bye-laws made thereunder; or (v) any other reasons as may be prescribed. Grant of 31G. (1) Any person who desires to obtain a common licence for the common purpose of,purchase of a minimum prescribed quantity of agricultura! produce Ucence. from not less than five markets shall apply to the Director, in such forro and in such manner and accompanied by such fee as may be prescribed. Power to suspend or cantei licence or registration. (2) On receipt of application under sub-section (1 ), tbe Director may, after making such inquiry as he may deem fit, grant a common Jicence subject to such terms and conditions as may be prescribed. 31H. (1) Toe managing body or, as the case may be, the Director who has issued the licence or the registration, may, for the reasons to be recorded in writing, suspend or cancel the licence or the registration, if,. (a) lhe licence or the registration has been obtained through willful misrepresentation or fraud; (b) lhe holdcr of the licence or the registration or his servant commits a breach of any of tbe terms or conditions of the licence or the registration; (e) the holder of the licence or the registration in combination with other licence or registration holder comrnits any act or abstains from carrying on his normal business in the market area with the intention of willfully obstructing, suspending or stopping the marketing of agricultura! produce in the market yard or sub-market yard and in consequence whereof the marketing of any agricultura! produce has been obstructed, suspended or stopped; ( d) the holder of the licence or the registration has become an insolvent; or (e) the holder of the licence or the registration incurs any disqualification, as may be prescribed. (2) No licence or registration shall be suspended or cancelled under sub­ section ( 1) without giving a reasonable opportunity to its holder to show cause against such suspension or cancellation. PART IV] GUJARAT GOVERNMENT GAZETTE, Ex., 1-5-2007 18-9 31-1. (1) Any person aggrieved by an order of the managing body or, as Appeal. the case may be, the Director, passed w1der section 31B, section 31F or section 31 G, as the case may be, may prefer an appeal within thirty days of the receipt of the order in such fonn and in such manner as may be prescribed, (a) to the Director, if such order is passed by thc managing body, and (b) to the State Governmcnt, if such order is passed by the Director. (2) Toe Appellate Authority, if it considers it necessary so to do, grant a stay ofthe order appealed against as it may deem fit. (3) The order passed by the managing body or, as the case may be thc Director shall, under section 31B, section 3 IF or section 31 G, subject to the order in the appeal under this section be final. 31 J. (1) The dispute between the private market, the special market, thc e-market, the direct purchase market. the farmer-consumcr market, contract farrn ing or the markct committec shall be refcrred to an officer authorised by the State Govemment in this behalf. (2) The authorized offi.cer after giving opportunity of being heard to the parties may resolve the dispute and the dccision given by the authority under sub-section ( l) shall be final. 31 K. (1) Toe Director or an officer authorized by the State Govemment in this behalf may, for the purposes of this Chapter, require any person carrying on business in any kind of agricultura! produce to produce before hin1 lhe accounts and other documents and to furnish any information relating to stocks of such agricultura! produce or purchase, sale, processing, value addition and delivery of such agricultura! producc by such person and also to furnish any other information relating to payment of market fees. (2) Ali accounts and registers maintained by any person in the ordinary course of business of any agricultura! produce and documents relating to stocks of such agricultura! produce or purchase, sale, processing, value addition of such agricultura! produce in his possession and offices, establishment, godowns, vessels or vehicles of such persons shall be kept open for irlspection at ali reasonable time by the Director or such officer. (3) lf the Director or such officer has reason to bel ieve that any person is attempting to evade lhe payment of any market fee due from him under this Chapter or that any person has purchased, sold, processcd or value added to any·agricultural produce in contravention of any ofthe provisions ofthis Act or the rules or the bye-laws, he may seize such accounts, registers or documents of such a person, as may be necessary, and shall grant a receipt for the sarne and shall retain the sarne only so long as may be necessary for cxamination thereof or for prosecution. IV-Ex.-18-3 Rcdressal of disputes between markets. Power to order produclion of accounts of eotry, iospection and sej:iure. 18-10 Submissioo of audited annual accounts aod statcmcnt of tra11sactions. Spccial market aod special commodity markel Coostitutioo of market committee for special market special commodity market. GUJARA T GOVERNMENT GAZETTE, Ex., 1-5-2007 (PARI IV (4) For the purposes of sub-section (2) or sub-section (3), the Director or such officer may enter or search any place of business, warehouse, officc, establishment, godown, vessel or vehicle .where the Director or such officer bas reason to believe tbat such person keeps or for the time being has kepl accounts, registers or documents of his business or stock of agricultura! produce rclating to the business. (5) Toe provisions of sub-sections (4) to (8) of section 100 of the Code of 1 or t974. Criminal Procedure, 1973, shall, so far as may be, apply to a search or seizure made under this section. (6) Wbere any books of accounts or other documents are seized from any place and there are such entries tberein making reference to quantity, quotations, rates, receipts or payment of money or sale or purchase of goods, such books of accounts or other documents shall be admitted in evidcnce and such entries shall be the prima facie evidence of matters, transactions and accounts purported to have been recorded therein. 31 L. Every trader, processor, proprietor of a private market, farmer­ consumer market, the e-market, the direct purchase market, contract fanning or commission agent, carrying on business of agricultura! produce shall, before the 30'h June, every year submit to the Managing Director, audited annual accounts and a statement of transactions undertaken by or through him during the previous financial year, in the manner as may be prescribed. 31 M. ( 1) Toe State Govemment may, by notification published in the Official Gozei/e, declare any market area as 'Special Market' or 'Special Commodity Market' having rcgard to the factors such as turnover, area, nature of produce, special infrastructure requirements of particular commodity and such other factors as it may deem fit, also in addition to the existing market. (2) Notwithstanding anything contained in sub-section (1) of section 11, the State Govemment may by notification in the Official Gazette, establish separate market committee for effective implementation of provisions of this Act for the market notified under sub-section (1 ). (3) All provisions relating to the market committee made in the Act shall mutatis mutandis apply to the market committee established under sub-section (2). 31 N. (1) Notwithstanding anything contained in sub-section (!) of section 11, every market comroittee for special market or special commodity market shall consist of following members, naroely: (i) The Chairman, to be nominated by the State Governrnent; (ii) Toe Vice-Chairman, to be nominated by the State Govemment; (iii) not more than five agriculturists, to be nominated by the State Government from amongst the agriculturist residing in the State; PART IV] GUJARAT GOVERNMENT GAZETTE, Ex., 1-5-2007 (iv) not more than tive traders, to be nominated by the State Govemment from amongst thc traders holding trading licence in any market committees in the State. Out of the traders so nominated, at least two shall be the licence holders from the market committee of special market or special commodity market; (v) The Municipal Commissioner or his nominee ofthe area where tbe special market or special cornmodity market is locatcd, ex­ officio; (vi) Toe Collector of the District in which special market or special commodity market is located, or his nominee, ex-officio; (vii) Tbe ChiefTown Planner or his nominee, ex-officio; (viii) Toe Registrar of Co-operative Societies or his nominee, ex­ officio; (ix) The Director or bis nominee. ex-officio; (x) Executive Member, to be appointed by the State Government, who shall be the Secretary ofthe market committee; (xi) The Agricultura! Marketing Advisor to the Govemment of India or his nominee, ex-officio; (2) The members ofthe market committee, other than ex-officio members, shall hold office during the pleasure of the State Govemment. (3) The market comrnittee shall meet at Jeast once in three months. 31 O. (1) There shall be Executive Committee of the Market Cornmittee of the Special Market or Special Cornmodity Market consisting of (i) one representative of the traders holding the trading licence in lhe market committee of Special Market Special Commodity Market, nominated by the Director; (ii) one representative of agriculturists; to be nominated by the Director; (iii) the Registrar of Co-operative Societies, Gujarat State or his nominee,. (iv) the Director or his nominee. (v) executive-member of the Market Committee wbo shall be lhe Member-Secretary ofthe Executive Committee. (2) ln case of emergency, the Executive Committee may decide issues requiring approval of the Market Committee. However, such decisions shall have to be approved by tbe Market Comrnittee within 45 days from the date of such decisions. Failure in doing so or in the event of disapproval of such 18-11 Exttutive Committee for spedal market. 18-12 Powersand functions of �cretary of market committce of speoial market. Provisions relating to Conlract Farming Agreement. GUJARAT GOVERNMENT GAZETTE, Ex., 1-5-2007 [PART IV decisions by the Market Committee, such decisions shall be null and void. (3) Toe Executive Committee shall meet at least once in two months. 31 P. Toe Executive Member of lhe Market Committee sball act as the Secretary of the Market Committee of the Special Market or Spccial Commodity Market. The Secretary shall (i) exercise supervision and control over the officers and staff of the market committee in matters of executive adminislration conceming accounts and records and disposal of ali questions relating to the services of the officers and staff of tbe Market Committec as per the prescribed procedure. (ii) appoint officers and staff of the Market Committee as per direction and procedure prescribed by the Market Committee, (iii) incur cxpcnditure from tbe Markct Committee fund for the sanctioned items of work, (iv) in cases of cmergcncy, direct the execution or stoppage of any work, (v) sanclion and launch prosecution for violation of the provisions of this Act or rules or bye-laws made thereunder, (vi) issue licences to the functionaries operating in the market, (vii) prepare annual budget of tbe Market Committee, (viii) arrange for summoning lhe meetings of tbe market committee and maintcnance of records of the procecdings of such meetings, (ix) inspect from lime to time the construction work undertaken by the Market Cornmince and send report of such inspection to the Chairman ofthe Market Committee, (x) report such acts of the Market Committee or mernbers of the Market Comrnittee including the Chainnan and Vice-Chainnan which are contrary to the provisions of this Act or rules or by-laws framed thereunder, to the Director, (xi) take such steps as deemed necessary for the effective dischai:ge of the functions and decisions of the Market Committee. 31 Q. The Contract Farming Agrcement shall be subject to the following provisions, namely,: (1) Toe contract farming agreement shall be in such form containing such particulars and terms and conditions, as may be prescribed. (2) Toe sponsorer shall fumisb the copy of the agreement to the Board or to such officer and in such manner as may be prescribed. (3) The agricultura! produce covered under contract farming agreeroent when sold, shall be liable to such market fees as may be prescribed by the Board. 1 PART IV] GUJARA T GOVERNMENT GAZETTE, Ex., 1-5-2007 31 R. (1) If any difficulty arises in giving effect to the provisions of this Chapter, the State Govemment may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this chapter, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this chapter. (2) Every order made under this section shall, as soon as may be after it is made, be Jaid before the State Legislature.". 7. ln the principal Act, after section 51, the following section shall be inserted, namely,: "SlA. (1) At any time when so requircd, (i) by any officer or employee of the State Govenunent authorized by the Director in this behalf in any market area, or (ii) by any officer or employee of the market coxnroittee authorized by the market committee in this behalf in the market area concemed, the driver or any other person in charge of the vehic!e, vessel or other means of conveyance shall stop such vehicle, vessel or other means of conveyance, as the case may be, and keep it stationary, as long as may reasonably be oecessary, and allow such person to examine the contents in the vehicle, vessel or other means of conveyance and inspect all records relating to agricultura! produce carried, and give his name, address and name and address of the owner of the vehicle, vessel or other means of conveyance and name and address of the owner of the agricultura! produce carried in such vehicle, vessel or other means of conveyance. (2) Persoos empowered under sub-section (1) shall have power to seize any agricultura! produce brought into or taken out or proposed to be taken out of the market area in any vehicle, vessel or other means of conveyance, if such person has reason to believe that any fee or other ammmt due under this Act or the value payable to the seller in respect of such produce has not been paid. (3) If any person authorized llllder sub-section (1) has reason to believe that any person is attempting to evade the payment of any market fee due from him under this Act or that any person has purchased or stored any agricultura! produce in contravention of any of the provisions of this Act or the rules or the bye-laws in force in the market area, he may enter or search any place of business, warehouse, office, establishment or godown where the person empowered llllder sub-section (1) has reason to believe that such person keeps or has for the time being kept stock of agricultura! produce and may seize the stored agricultura! produce and such seized agricultura! produce may be confiscated in favour of the market committee in such manner as may be prescribed: IV-Ex.-18-4 18-13 Powerto remove d ifficu lty. lnsertioa of new section StA io Guj. XX of1964. Power to stop vehicles and inspttt stort.. 18-14 Ameodmeot of sectioo 59 ofCuj.XXof 1964. GUJARAT GOVERNMENT GAZETTE, Ex., 1-5-2007 [PART IV Provided that no agricultura! produce shall be confiscated without giving a reasonable opportunity ofbeing heard to the person concerned. (4) The provisions of the Code ofCriminal Procedure, 1973 shall apply to entry, search and seizure under sub-sections (l ), (2) and (3) as they apply in relation to the entry, search and seizure of property by the police officer.''. 8. ln tbe principal Act, in section 59, in sub-section (2), (1) after clausc (iv), thc following clauses shall be inserted, namely: "(iv-aa) (i) the manner of furnishing information regarding payment of market fee and manner of providing proof thereof and within a period to be prescribed under sul:>-section (2) of section 28; (ii) the manncr of maintaining account and furnishing of periodical returns under sub-section (2) of section 28; (iii) the manner and form for pennit for removal of agricultura) produce and the proofs to be accompanied with the vehicle carrying agricultura! produce under sub-section (2) of section 28; (iv-bb) tbe manner and the fee for tbe grant or renewal of registration of functionaries and reasons for refusal of such application under section 31B; (iv-cc) tbe form, manner and fee for making an application and for prescribing terras and conditions for grant or renewal of licence under section 31 C; (iv-dd) the rate of market fee and manner of levy and collection lhereof; the proofs to be produced; the percentage of market fee and manner of making contribution to the Development Fund, under section 3 lD; (iv-ee) the forro, the manner, tbe fees and the authority to whom application shall be made, the terrns and conditions for grant or renewal of licence, the manner of selling of agricultura! produce and the quantity of commodity that may be purchased at a time and the rate of market charge under sectioo 3 lE. (iv-fl) tbe other reasons for rejection of application for grant or renewal of application made under section 31C and section 31E, under section 31F; (iv-gg) the form, the manner and fees required to be paid, the terms and condition for grant of common licence under section 31 G; (iv-hh) such other disqualifications for suspension or cancellation of licence or registration under section 31):{; (iv-ii) the form and manner for preferring the appeal under section 31-I; (iv-jj) the manner of submittiog audited annual accounts and statement of transaction under section 31 L; 2 or l.'174. PART IV) GUJARAT GOVERNMENT GAZETTE, Ex., 1-5-2007 (iv-kk) the procedure for supervision and control and procedure for appointment of the officers and staff of the market committee under section 31P; (iv-11) the form, the particulars and the terms and conditions of, the manner in which and the officer to whom the contract farming agreement shall be furnished under section 31 Q;"; (2) after clause (iv-h), the following clause shall be inserted, namely : "(iv-ha) the manner in which the agricultura! produce may be con.fiscated under section 5 lA;". Goveroment Cenb'al Press, Gandhinagar. 18-15