Nagaland Agricultural Produce Marketing (Development and Regulation) Act, 2005 (No. 5 of 2005)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Nagaland Agricultural Produce Marketing (Development and Regulation) Act, 2005 Act 5 of 2005 Keyword(s): Agricultural Produce, Agriculturist, Buyer, Broker, Commission Agent, Contract Farming, Contract Farming Producer, Contract Farming Agreement, Deputy Export, Exporter, Import, Importer, Market, Market Area, Market Charges, Market Committee, Market Functio TlKE NAGALAND AGRICULTUEWL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT, 2005 (Act No. 5 of 2005) ARRANGEMENT OF CLAUSES CHAPTER - I Preliminary I . Shoit Title, exrent and commencement 2. Definitions CHAPTER - II Establishment of Markets 3. Notificationofintentionofdevelopingand regulating marketing of notifxi agricul turd produce in specified area(s) 185 4. Declaration of market area and development and regulation of marketing of notified agricultuml produce 186 5. Market Yards, Sub-market Yards,FarmerdConsumer Market and Private Market 186 6. Notification of intention to alter limits of or to amalgamate or to split up Market areas or to de-establish a Market 187 7. Procedures subsequent to notification under section G 188 8. Effect of alteration of Limi ts 189 9. Power of State Government to issue consequential orders with respect to constitution of Mdrket Committees on alteration of limits,amalgamation or splitting up etc. 189 CHAPTER - Ul Constitution of Market Committee 10. Est;iblishrnent of Market Committee :md its incorpordtion I I . Vesting of property of Iwal authority in Murket Corn mi ttee 12. Acquisition of land for Market Corn~:ll,li+: 1 3. Appointment of officers-incharge of IYI;~ rket Committee pending constitution of h-.;,i: I.C[ Committee 14. Composition of Markct Committee 15. ChaimanaftheMarketCommittee 16. Resignation and vacancy in Market Committee 17. No confidence motion 1 8. Seizure and lalung position of records and property of Market- Committee under certain conditions C r n E R - w Classification of Market and Special Market 13. Classification of Markets 203 20. S ~ c i a l Market and special commodities 204 2 1. Cur~slilution of Market Committee for special Murket 204 22. Chairman for special Market 205 23. Secretary for Special Market Committee The Nagaland AgricuItural Produce Marketing (Deilelopment and Regulation) Act,2005 205 CHAPTER -V Conduct of business, Powers and Plu ties of filar ket Cornlittee 24. Meeting of the Market Commi ttee 207 25. Powers and Duties of the Market Committee 26. Publishing of data of agricultural produce 27. Appointment of sub-committee and delegation of powers 28. Power to borrow 29, CompounQng of offences 30. Power to write off inecoverable fees 3 L. Power to remove encroachment 32. Use of weighing instruments, weights, measures, their i n s~c t ion and seizu1.e 33. Mode of making a contract 34. Act of Market Committee etc. not to be invahdated CHAITER -VI Staff of Market Committee 35. Constitution of Nagaland State Agricultural Marketing Service 220 36. Secretary of the Market Committee 22 1 37. Appointment of srafl' by the Market Conunittee 224 C H A r n R - VII Contract Farming 38. Procedu~ and form of Contract Farming Agreement 225 CHAPTER - VILI Regulation of Trade 39. Regulation of marketing of notified agricultural produce 227 40. Sale of notified agricultural produce in the markets 228 41. Terms and procedur-es of buying and se lhg 229 42. Power to levy market fees (Single point levy) 230 43. Permission for transporta[ion of notified agricultural praduce 44. Registration of Functionaies 45. Establishment of private market yards and direct purchase of ag~iculturrtl produce from agriculturists (direct purchase from producers) 46. Establishment of consumer/farrner market (direct sale by the producers) 47. GrantlReneivalof private yard,cansumerlfmr market and weighman 48. Power to cancel or suspend licencelregis~ation 49. Appeal 5U. Kedressal of dispute bet ween private marketl consumer market and Market committee 5 1. Prohi bj tion of allowance other than those prescnbcd under this Act 52. Power to order production of accounts and entry, i n s ~ r i o n and sejzure 53. Submission of annual account by liwnsedlregistaed functionarjes and assessment of market fees 54. Assessment of m k e t fw,on his own motion by the secretary, payable to the Market Commi ttce by liwnsedl~giskrdfunctionaries 55. Power to stop vehicle and inspect stores 56. Puwerlograntexempb;on~m marketfees (XW'lER-DC Budget and Market Committee Fund 57. Preparation and sanction of budget 58. Market Cornminee Fund 59. Application of M d e t Committee Fund CHAPTER -X State Agricultural Marketing Board:Conslitution, Functions and Powers 60. Establishment of thi Sue Agricultuml Marketing Board 61. Incorporation of Board 62. Corn p i tion of State AgnculluraI Marketing Board 63. Memkrs of the Board G4. Appointment of Member Secretary andemployees of of the B o d 65. Term of office for the non-official memkrs of the Board 66. Term of oEce for the offrcial members of the Board 67. Mo~vance to members of the Board 68. Frlling of casual vacancy 69. Regisbation of members 70. Disqualification of members of Board 7 1. Appointment of sub-committee 72. Superintendence of the Board 73. Functions and Powem of the Board 74. Remaulation 75. Marketing Development Fund 76. Payment incured by the Board 77. Conmbutions towards the Board 78. Borrowing by issue of bonds or stocks 79. Utilization of Marketing Development Fund SO. Audit of account of theBoard 81. Delegation of Powers 82. Supervision andcontml of the Chairman and the Member Secretary 83. Functions and Powers of the Member Sec~etary 84. Conbul of business of h e Board 85. Powers andFunctionsof IheMemberSecretary 86. Powers of Cfiiirrnan of the Board 87. Pcnally forcontravention of Acl, rules and bye-laws 88. Recovery of market dues 89. Cognizance of offences CHAPTER - XLI Conf rol 90. Inspection of markets and i nqurry into the affairs of the Market Comrni tte 9 1. Powers to remove member of the Market Cornmi ttee 92. Supersession of Market Committee 93. Consequences of supersession of Market Committee 94. Supersession of the Board 95. Consequences of supersession of Board 96. Power of Director or Member Secretary to direct Market Committee for amending bye-taws 97. Power of rhe Directorhkmber Secretary to prohibit execution or further execution of resolution passed or orders made by the Market Committee 98. Power to call for proceeding of Market Committee by Member Secretary 99. Liability of Chairman, Members and employees for loss,waste or misappropriation 100. Power fo the State Government to amend schedule 101. Power of the State Government to give directions 102. Recovery of sums due to BoarclMarket Committee 103. Ch;iirman,Members,Member Secretary,Officers and other servanls of the Board and Market Commitlee to be public servants 104. Delegation of powers 28 1 105. Bar to civil suits and protection to persons acting in good faith 282 106.Bars to suits in the absence of notice 282 107. Duty of the local authority to give information and assistance 283 108. Act not to be invalidated by infimity,vacancy etc. 283 C-R-Xm Rules and Bye-laws 109. Power to make Rules 110. Power to make Bye-laws C-R - XIV Repeal and Savings 11 1. Repeal and Savings 1 12. Power to remove difficulty THE NAGALAND AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT, 2005 (Act No. 5 of 2005) Received the assent of the Governor on 20.07.05 and pubIished in the Nagaland Gazette Extra-Ordinary dated 08.09.205 Act to provide for establishment, j mprovement, development and regulation of markets and marketmg systems for agricultwal produce in thestateof Nagalmd including processingandexportthereofand for matters connected therewith or incidental thereto. Be it enacled by the Nagaland Legislative Assembly in the fifty sixth year of the RepubIic of India as follows : Chapter - 1 1. Short title,extent and commencement (1) This Act may be called the Nagaland Agricultural Produce Marketing (Development and Regulation) Act, 2005. (2) It extends to the whole of Nagaland (3) It shall come into force at once. 2. Definitions In this Act, unless the context otherwiserequires, ( 1) "agricultural produce" means all produce and commodities, whether processed or unprocessed, of agriculture, horticulture, apiculture, sericulture, livestock including products o i l i v e s t ~ k like fleeces (raw wool), skins of animals etc., as well as forest products as are specified in the schedule or decked by the Government, by notification, From time to ti me and further includes combination of two or more such produce or commodities; "agriculturist" means a person who i s a resident of the notified area of the market and who is engaged in pduction of agricultural produce by himself or by hired labour or otherwise, but does not include any market functionary and, in caseof any doubt in this behaIf, thekis ion of the Deputy Commissioner of the Dishc t in which Ihe person is engaged in the production or growth of the agriculttmd produce shall k final; (3) "bill" means bill issued by the traders as prescribed; (4) “bead" means the Nagaland State Agricultural Marketing Board estabf shed under Section 60 of this Act; 5 ) i%usiness" means purchase, sale, processing, value addition, storage, transportation and all C O M ~ C ~ € ! ~ activities relating to agricultural produce; (6) c'buyerJ'meansapersonorafirmoracompanyoraco operative Society or a Government Agency or a public undertaking or a Corporation or a commission agent, or a combination of more than one of hose bodies, who himself or on behalf of any other person or agent, buys or agrees to buy agricultural produce in the market area as notified under this Act; THE NAG ALAND AGRIL-ULTCI RAL PRODUCE MARKETING (DEVELOPMEKT AND REGULATION) Am, 2005 (7) "bye-law" means a bye-law made by the Market Committee under this Act and Rules that may be made; (8) "broker" means an agent who, in consideration of a commission merely negotiates and brings abut a conhct for his principal trader but does not receive, deliver, transport or pay for the purchase of, or collect the payment for, the sale of notified agricultural produce; 9 "commission agent" means a person who, on behalf of his principal trader, and in consideration of acornmission or a percentage of the amount involved in such transaction, buys agricultural produce and makes payment, keeps it in his custody and delivers it to the principal trader in due course, or who receives and takes in his custody agriculmral produce, sends for sale within the market area or from outside the market area, sells the same in the market area and collects payments thereof from the buyer and remits the sale proceeds to his principal trader; (10) "contract farming" means farming by a person called contract farming producer under a wrinen a p m e n t with another pemn called conbc t farming sponsor to the effect that the farmer wil l scH his farm produce to the latter as per terms of a written agreement; (11) ''contract farming producer" means individual agriculhlristor assoc~;ltion of agriculturist ora VlUage Cound or a similar body in whom the ownership or control of agricullural lank vests temporarily or pemanentIy, who, by written agreement, agrees to sell hislits agricultural produce to a conntract farming sponsor; THE NAGALANI) AGRICULTURAL PROUUCE MARKETING (DEVELCIPMENT AND R E G U L ~ ~ I O N ) ACT, 2005 (12) "contract farming agreement" means the agreement made for contract farming between contract Firming producer and contract fuming sponsor; (13) r'Depuly Commissioner'' means the Deputy Commissionerof the Disbict or any Officer empowered tcl discharge the duties of the Deputy Commissioner under the provision of h s Act; (14) "direct marketing" means selling and buying of the agncul tural pduces by the producers and buyers di mtIy to and from, the entrepreneurs, company or dealers, producers without processing the transactions through normal markel reguI atory systems; (15) "Director" means the person appointed by the Statc Government as Director of Aglicultural Marketing and includes any Officer performing his functions under the orders of the said Govern men t; (16) "export" means dispatch of agricultural produce to a place outside India under the laws in force; (1 7) "exporterJ7 means a penon or a firm who or which exports agricultural produce; (1 8) %port" means bringing agricultural pduce from outside India to a place in Nngaland through a place or places in India undcr thc laws in force; (19) r'imprter"meansapersonofafimwhoorwhichimprts agricultural prduce from outside lndis; THE NAG AL AND AGRICULTUIIAI. PRODIJCE MARKETING @ E V E I . O P M E ~ AND &GULA'TION) ACT, 2005 (20) "market" means a market established under section 4 of this Act which includes market area, market yards and sub market yards and market committee; (21) %-iarket area" means area notified under Section 4 of this Act; (22) "market charges'' mean and include charges on account of, or in respect of, commission, brokerage, weighing, measu~i ng, loahng and unloading and carrying, clean; ng, drying, sieving, sti I c hing, stacking, hiring of bags, stamping, bagging, storing, warehousing, grading, surveying, transporting, processing and other activities directly or indirectly connected to the purposes of this Act; (23) "market committee" means the Agricultural Produce Market Committee (APMC) established under this Act; (24) "market functionary" means a trader, a commission agent, buyer, helper, processor, a stockist and such other person as may be declared under the rules or bye-laws to be a market functionary; (25) "market yard9' in relation to a market area means a specified place and includes any enclosure, building or locality declared as such in any market area by the State Government or the D i m torlMember-SecretaryManaging Director by notification; (26) '%marketing7' means all activities involved in the flow of the agricultural produce from the production point commencing from the stage of harvest till these reach the ultimate consumers viz, grading, processing, storage, transport, channels of distribution and all other functions involved in the p m s ; (27) "Member-Secretary" means the Member-Secretary of the Nagaland State Apcultuml Marketing Board, who is the Chief Executive Officer of the Board, so appointed by the State Government under this Act; (28) ''notified agricultural produce" means any agricultural produce notified under section 4 of this Act; (29) ('Private market yard" means such place other than the market yardsub-market yard in the ~nnrket area where mfmtructure has been developed and managed by a person for marketing of notified agricul turd produce holding a license far this purpose under this Act; (30) "Processing" means any one or more of a series of treatments relating to powdering, crushing, decorricating, dehusking, polishing, pressing, curing, or any other manual, mechanical, chemicaI, or physical treatment LO which raw agricultural produce or its product is subjected to; (3 1) "processoP' means a person who undertakes processing of any notified agricultural produce on his own accord or on payment of a charge; (32) 4~registraiion" means any registration done under this Act; (33) '(regulation" means a regulation made by the Board Director or Member-Secretary, in accordance with the provision of this Act; (34) "retail saIe" in relation to a notified agrj cultural produce means a sale not exceeding such quantity as the Market Committee may, by bye-law, determine to be a retail sale in respect thereof; (35) "rule" means a rule made under this Act by the State Government; (36) "Secretary" means, the Chief Executive Officer of the Market Committee appointed under Section 36 of this Act; (37) aLselleP means a person who sells or agrees to sell any agricultural produce; (38) "special market" means a market notified as such and includes a market for special commodities; (39) 'Statate Government" means all or any of the functionaries which includes the Chief Minister, the Minister in-charge of Agi-iculture, the S m t a r y or any other officer in-c harge of theDepartment of Agriculture, by whatever designation, the Director of the Agricul turd Marketing, the Member Secretary of the Nagaland Agricultural State Marketing Board or any other officer entrusted with duties to carry out the purposes of this Act; (40) 'kub-market yardwin relation toamarket areameans a specified place other than market yard and includes any enclosure, building or locality, declared as such in any market area by the State Government or the Director1 Member-Secretary by notification; (41) 'Yrader" means a person who in his normal course of business, buys or sells any notified agricul turd produce, and includes a person engaged in prt>cessing of agricultural produce; (42) 'Yransportation" means conveying agricul turd produce by a vehicle drawn by man, animal or. any other power from one place to another in the course of its marketing; (43) '%transporter" means a person or a firm who or which transports the agricultural produce; (44) "value addition" means any activity performed l i kc p m i n g , grading, packmgetc., in relation to a agricultural produce by which the market value of the produce is increased; and (45) "year" means the year as may be notified by the Government from time to ti me. Chapter - U ESTABLISHMENT OF MARKETS 3. Notification of in tention of developing and regulating marketing of notified agricultural produce in spwified area (s): (1) Upona~p~n~t immadebyanyperson. localAuthor i~ or by the growers of any agricultural produce within the area for which a market i s proposed to be established or otherwise, the State Government or the DirectorIMemkr SecrePary may, by notification or in such other manner as may be prescribed, declare its intention of developing and ~gulating the marketing of such agricultural produce as may be specified in the notification. (2) A notification under sub-section ( I ) shall state that any objection or suggestion which may be received by the State Government ortheDirector or the Member secretary within a period of not Iess than 45 days, to be specified in the notification shall be considered by the State Government or Director or Members-Secret iuy. 4. Declaration of market area and development and regulation of marketing of notified agricultural produce After h e expiry of the period specified in the nodficdo~l issued under section 3 and after considering such objection and suggestions as may be received before expiry of such pcriod and making such inquiries, if any as may be necessary, the State Government or the DirectorlMember-Secretary may, by notification declare the area specifjed in the notification issued under Section 3 or any podon thereof to be market area for the purpose of this Act and that marketing of all or any of the kinds of agricuturd produce specified in the notificalion issued under section 3 shall be deveIoped and regulated under this Act in such market area. 5. Marketyards,sub-Marketyards,FamersfConsumer Market and Private Market: (1) In every market area, there may be : (i) market yard managed by the market committee. (ii) one or more than one sub-market yards managed by Markelcornmi t lee. (ii) One or more than one private market yarddprivate markeis managed by a person other than a Market Committee. (2) The Slate Government shall, as soon as may be, after issue of notification under Section 4, by notification, declare any specified place including any structure, enclosure, open place, or locality in the market area to be a market yard or sub-market yard, as the case may be. 6. Notficat ion of intention to atter limits of or to mdgamat e or to split up market areas or to de-establish a market: (1) The State Government may, by notification signify its intention: 6) to alter the limits of a market area by including within it other area in the vicinity thereof or by excluding thereof an area comprised therein; or oi) to amalgamate two or more market areas and constitute a Market Commi trees thereof: cii) to spIit up a marker area and to constitute two or more Market Committee thereof; to de-establish a market, or (v) to modify the list of agricultural produce to be regulated in the market uea. (2) Every notification issued under sub-section (I) shalldefine the limits of the area which is intended to be included in or excluded from a mwkc t m a , or of the rnarkd arru intended to be amalgamated into one, or of the area of each of the markets intended to be constituted after spIitting up an existing market area or of the area of the market intended to be de-established, as the case may be, and shall also specify the period which shall not be less than 45 days within which objections, if any, shall be received by the State Government. Procedures subsequent to notification under section 6 : (1) A r ~ y inhabitant of the marketarea or of the areas affected by the notification issued under sub-section (1) of section 6 if he objects to anything contained therein, may submit his objections in writing to Ihc Statc Goveinme~~t w i f l ~ n Iht: period specified for this purpose in the said notification. (2) When the period spscifiedin the said nohkation has e x p d and the Slate Government has considered and passed orders on such objection as may have been submitted to it within the sa id period, the State Government may, by nomcation; (a] include the area or any part thereof in the market area or exclude it therefrom; or (b) constitute a new Market Committees for the market area amalgamated; or (c) split up an existing market area and constitute two or more Market Committees for such areas, as the case may be; or (d) deestablish the market; or (e) publish modified list of agricultural produce to be regulated in the market. 8. Effect of ahration of limits Where a notification under section 6 has been issuedexcluding any m a from the market ma and including any such m a in any other market area, the State Government shall after consulting the market committee involved, frame a scheme to determine what portion of the assets and other properties vested in one market committee shall vest in the other market committee and in what manner the liabilities of the market committees shall k apportioned between the two market committees and such scheme shall come into force on the date of publication in the gazette. 9. Powers of State Government to issue consequential order with respect to constitution of Market Committees on alteration of limits, amalgamation or splitting up etc., (I) where a notification under section has been issued, the State Government may pass such consequential orders as it may deem fit in respect of : (i) where a notification is issued under sub-section (21, of section 7 excluding an area from any market area and such excluded area is not declared to be separate market area or a notification is issued under sub-section (21, includrng any area within the market area, the market committee constituted for such market area before the date of such excIusion or inclusion shall, notwithstanding anything contained in this Act, continue to be the market committee for the said market area until the reconstitution of such market committee under this Act. (ii) In the event of amalgamation of dissolved market committee, the committee-in-charge shall consist of the following members, namely : (a) a Chairman to k nominated by the State Government (b) five representatives of agriculturists to be nominated by the State Government; (c) one representative of Traders tobe nominated by the State Government (d) an officer each from the Departments of Agriculture/ Agriculture Marketing, Horticuirure, Veterinary & Animal Husbandry, Fishery, Coopahon Department working in the district to be nominated on the recommendation of the Dircc tors concerned, (e) one member of the Weighmen operating in the market area holding licence from the Market Committee to tx nominated by the Department of Legal Metrology and Consumer Protection; (f) one representative of the local Authority of the headquarter of the committee (Chairman of MunicipaV Town Council); (iii) where in case of split up of a market committee each committee in-charge consisting of a Chairman, five representatives of agricul twists and a represen tatjve of traders shall be consti tutd: (a) Provided that the Chairman of the dissolved market committee shall be nominated to be the Chairman of the newly established market cornmi ttee of which he is a voter or for the other rnarke t comrni ttee. The State Government shall nominate a Chairman who posses the qualifications prescribed in sub-section ( I ) of Section 15; (b) representative of agriculturists of dissolved market committee shall also be nominated as members of new1 y established market committee and remain; ng representatives of the agriculturists shall be nominated by the State Government who possess the qualifications prescribed in the Rules of this Act; (c) representative of trader of the dissolved market committee shall be nominated as a member of the newly established market committee and for the other market committee, the State Government shall nominate such licensed trader as representative of traders who possesses the qualifications prescribed in theRules of this Act; (d) an officer each from the Departments of Agriculture/ Agricultural marketing, Horticulture, Veterinary and Animal Husbandry, Fishery, Ceopemtion Department working in the district to be nominated on the recommendation of the Directors concerned; THE NAGALAND A G R ~ C ~ I I X U R ~ L PRODUCE MARKITING (DE~TLW~TEKT AND REGULAT~ON) Am, 2005 (e) one member of the wei ghrnen to be nominated by he Director of LegaI Metrology and Consumer Protection. (f) one representative of the h a 1 Authority of the place where the Market Committee is located (Chairman of MunicipaVTown Council); The Committee-incharge constituted under sub-section (1) shall, subject to the control of the DirectorMember- Secretary, exercise all the powers and perform all the duties of the Market Committee under this Act. (2) The Provisions of Section 14 shall apply to the Constitution of a Market Committee under sub-section (1) as they apply to the constitution of a market committee for a market established for the fmt time. Chapter - LII CONSTITUTION OF MARKET COMMITTEE. 10. Establishment of Market Committee and its incorpora tion ( I ) For every market m a s there shall be a Market Committee having jurisdiction over the entire market m a . (2) Every market committee shaIl be a body corporate by such name as b e State Government may by notification, spec@. It shall have perpetual succession and a common seal and may sue and bc sued in its corporate name and shall subject to such restrictions as are imposed by or under ttus Act, be competent to conduct and to acquire, hold, lease, sell or othenvise transfer any property and to do all other things necessary for the purpose for which i t is established. Provided that no immovable pmyrty shall be acquired or transferred by way of sale, lease or othenvise without the prior permission of the State Government. ( 3 ) Notwithstanding anythrngcontained in any enactment for the time being in force, every Market Commit tee s ha11 for all purposcs, be deemed tobe a local authority. 11. Vesting of property of local authority inMarket Commitee (I) TheMarketCommit~eemayrquireaIoca~aauthor~tyto transfer to i t any land ur buiIding belonging to the local aulhoriv whichis situatedwithin the market a m and whch immediately before the establishment of the market was being used by the local authority for the purposcs of the market and the ImaI authority shall within one month of the receipt of the requisition, transfer the land and or building, as the case may be, to the Market Committee on such terns as may be agreed between them. (2) Where within a period of thuty days h m the date of receipt of requisition by the local authority under sub-sec~ion ( 1 ) no agreement is reached between the Iocd authority and the Market Committee under the said subsection, the Iand or building required by the market committee shall vest in the Market Committee for the purposes d this Act and the THE NAC~ALAND AGRICULTURAL PRODUCE MARKETING (DEVELOPMEKT AND REGULATION) ACT, 2005 local authority shall be paid such compensation as may be determined by the Deputy Commissioner under sub section(5) Provided that no compensation shall be payable to a Imal authority in rc~pect of any landor building which had been vested in it by virtue of the provision contained in the enactment relating to the constitution of such local authority withaut payment of any amount whatsoever may be, for such vesting. Pcovided further that, any party aggrieved by the order of the Deputy Commissioner may, within thirry days from the date of such order, appeal to the State Government. (3) T h e h a l Authority shalI deliver possession of fie Iandor building vesting in theM~ketCommi~un&rsubsection (2) within a period of seven days from such vesting andon failure of the Local Authority to do so, within the period aforesaid, the Deputy Commissioner shall take possession of the land or building and cause it to be delivered to the Market Conunittee. (4) Thc order of the State Government and subject to that order, the order of the Deputy Commissioner under sub section (2) shall be ftnal and binding on both the parties. (5) The Deputy Commissioner shall fix thc amount of compensation for the land or building having regards to : (i) the annual rent for whch the building might reasonably be expected to be let from year to year; {ii) the condition of the building; {lii) the amount of compensation paid by the Local Authority for the acquisition of such land; and (iv) the cost of the present value of any building erected ur other work executed on the land by the Local Authority. (6) Thecompensationfixedundersub-=tion(5)may,atthe option of the market committee, Ix paid in lump sum or in such number ofequal installments not exceeding ten as the Deputy Commissioner may fix. Where the compensation is paid in installment, it shall carry in tetzs t at the rate of six per cent per annum which shall be payable along with installments. Acquisition of Land for market Committee (1) When any land within the market area is required for the purposes of this Act and the Board or the Market Committee is unable to =quire i t by agreement, the State Government may, at the request of the Board or the Market Camminee, as the case may be, proceed to acquire such land under the provisions of the Nagaland Land Acquisition and Requisition Act, 1965 and on the payment of the compensation awarded,undcr thpt Act by the B u d or Market Committee and of any 0th charges incurred by the State Government in connection with the acquisition, the land shall vest in the Board or h e Market Committee, as the case may be, Provided that once a proposal is made by the Market Committee, it shalI not be withdrawn by it except for such reasons as may be approved by the State Government. (2) The Board or the Market Committee shall not, without the previous sanction of the Srate Government ms fe r any land which has been acquired for this purpose by the Board or rhe Market Committee under sub- section(1) or divert such land to a purpose other than the purpose for which it has been acquired. 13. Appointment of Officers-in-charge of Market Committee pending constitution of Market Committee (1) ( i) When a Market Committee is established for the first time under this Act, the State Government shall by an order appoint; a person to be the officer in-charge, for a period not exceeding two years or a Committee-in-charge for a period not exceeding two years. The members of the Market Committee may k appointed from among persons representing the same interests and in the same proportion as specified i n Section 14. The officer in-charge or the Committee-in-charge shall subjects to the control of the Director I Members Sectr tary, exercise dl the powers and perform all the duties of the Market Committeeunder this Act; Provided that the State Government or Ihe Director may at any time during the period aforesaid nppoint Commi ttee-incharge in place of officer incharge or officer incharge in place of Committee in-charge as the case may be. The Committee or officer in-charge so appointed shall hold office or shall function for the remainder of the period available to its predecessor; Provided further that in h e event of death, resignation, leave or suspension of the officer in-charge, a casual vacancy shall be deemed to have occurred in such office and such vacancy shaII be filled, as soon as may be, by appointment of a person there to by the State Government and until such appointment is made, a person nominated by DirectorMember Secretary shaII act as officer-in charge. Provided that if the Market Committee is constituted before the expiry of the period aforesaid the officer-in chxgeshalI cease to hold ofice or theComminee-incharge shaI1 cease to function on the date appointed for the first general meeting of the newly constituted Market Committee. (2) In the event of vacancy occuring on account of death, resignation or otherwise of the members of the Market Committee incharge, the vacancy shall be filledin by fmh appointment by the State Government. (3) Any officer in-charge or any or all persons appointed as the Committee in-charge under clause (i) of sub- section (i) may at any time be removed by the Stak Government and shal t appointed another person or persons, as the case may be, in his or their place or places. (4) Every person appointed as officer-in-charge under sub section (I) shall receive from the Market Committee fund, for his services, such honorarium and allowances as may be fixed by the State GovemmentlBoard and every memkr of the Commi ttee-in< harge shall be en titled to receive h m the Market Comrni ttee fund, aIIowances at such rate at which allowances are payable to m e m k s of the Market Committee. 14. Composition of Market Committee (I) Save as providedin Section 13, every Market Committee shall consist of the following memkrs, namely; (i) five members shall be agricuIturists possessing such qualifications as may be prescribed in the Rules of this Act, of whch not less than two shalI be women, to be nominated by the State Govcmment; jii) one member shall be a licensed trader to be nominated by the State Government; f i i ) an officer each from the Departments of Agriculture/ Agricultural marketing, Horticulture, Veterinary and Animal Husbandry, Fishery, Cooperation Department working in the diswict to be nominated on the recommendation of the Directors concerned; (iv) one member of the Weighmen operating in the market area(s) to be nominated by the Director of the legal keterology and consumer produc tion; , (v) one repmenbtive of the Local Authority of the pIace i v herc the Market Committee is Iocated (Chairman of Municipal/ Town Cuuncil); the cornniuee incharge constituted under sub-section(1) shall, subject to the control of the DirectorlMernber Secretary, exercise dl the power; md perform all the duties of the Market Comrnittm under this Act. (2) Members of every Market Commi rtee shall hold office for a period of five years from the date of the first general meeting of the Market Committee. (3) If within the per id mentioned in sub-section (2) rhr: Make t Committee is not newIy constituted, the Market Committee shaII an expiry of such period, be deemed to have been dissolved. (4) AmemberoftheMarketCommitteemayresignhisofice at any time by a letter in writing addressed to the Director/ Member Secmtary to that effect and his ofice shall k u ~ n e vacant on expiry of fifteen clear days from the date of such resignation unless within the said period of fifteen days he withdraws the resignation by another letter in writing addressed to the Di rector/Mern ber Secretary. ( 5 ) In the event of the death, resignation or removal of a member before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled as soon as may be by nomination, of a person thereto as a member, who shall take office forthwith and shall hold such office for the unexpired term of his predecessor, provided that no casual vacancy shalI be filled which occurs within a periodof four months preceeding the dateon which his termexpires. (6) The chairman and other members of the Market Committee shaIl be paid from the Market Committee fund such honorarium, sitting fees, traveling allowances and other allowances as may k fned by the State GovernrnentlB o d from time to time. 15. Chairman of the Market Committee (1) Every Market Committee shall have a chairman who shall be elected from amongst- the members who are represeo tative of agricul turis ts. (2) The Market Committee shall elect the Chairman at its first general meeting, which shall be convened by the Director or Member Secretary within one month of issue of notification by the State Government constituting the Market Committee. The Chairman so elecled s h d hoId office for the full term from the date on which he enters upon the office. (3) TheChaimmshaIlholdofficeruntiltheexpiryofhstem of office or con time to hoId office until his successor enters upon the office. (4) The meeting convened for the election of the Chairman shall be presided over by Ihe Director or Member Secretary or any OHice~ authotized by him inhis Mdf.TheDjmtor/ Member Secretary or such officer, when presiding over the meeting, has the same powers as the Chairman of the Market Committee, but shall not have the right to vole. (5 ) If in the election of a Chairman there is an equality of vote, the result of the election shall be decided by lots to be drawn in the presence of the Officer presiding in such manner as he mny determine. (6) In the event of dispute, arising as to the validity of the election of a Chairman, the Deputy Commissioner or t he Member Secre tary, if he is the presiding officer shall decide the dispute himself andinany othercase, the officer p i d i n g over the election shall refer the dispute to the Deputy CommissionerA3oard for decision. The decision of the Deputy Cornmi ssionerl Board shall be final, and no suit or other proceeding shall lie in any court of Law in respect of such decision. 16. Resignation and vacancy in Market Committee (I) Amemberho1dingofficeofCh;limanmayresignhisoFtice at any time in writing addressed to the DirectorlMember Sectetay and the office shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless within the said period of fifteen days he withdraws his resignation in writing addressed to the Director or the Member Secretary. (2) Every Chairman shall vacate office if he ceases to be a member of the Market Commi ttee. (3) During the vacancy caused by death, resignation, removal orothenvise in the officeof thechairman, such member of THE N AGAL AND AGRKULTUR AL PRODUCE M A ~ I N G (DEVELOPMENT AND REGULAT~QN) ACT, 2005 the Market Comrni ttee as the S tnte Government or the Board may appoint, shall exercise the powers and perform the functions of the Chairman till the Chairman is duly elected. 17. No confidencemotion (I) A motion of no confidence may be moved against the Chairman at a meeting specially convened for the purpose under sub-section (2) and if the motion is carried by a majority of not less than two-thirds ofthe members of the Committee, he ceases to be the Chrtirmm. (2) Forthe purposes of sub-section (1) a meeting of the Market Committee shall be held in the prescribed manner within thirty days of receipt of the notice of motion of no confidence. (3) Thechairmanshallnotpresideovcrthcmeeting,butsucl~ meeting shall be presided over by an officer of the Government as the DirectorlMember Secretary may appoint for the purpose. However the Chairman, shall have the right to speak and othenvise to take part in the pmeedngs of the meeting. (4) If the motion of no confidence is not carried out as a aforesaid or if the meeting could not be held for want of quorum, notice of any subsequent motion expressing want of confidence in the same Chairman, shall not be made until theexpiry of six m t h s from thedate of such meeting. Tra NAGALAND AGRICULTURAL PRODUCE MARKETING (DEVELOP~IENT AND REGUI.ATION) ACT, 2005 18. Seizure and taking possession of records and property of Market Committee under certain conditions. (1 ) Where theDirector/Memkr Secretary is satisfied t hat the books and records of a Market Committee are like1 y to be suppressed or tampered with or destroyed or the funds and property of a Market Committee are likely to be misappropriated or misapplied, the DirectorlMember Secretary may order for seizure and taking possessioii of the records and property of the Market Committee. (2) On receipt of the order under sub-section (I ) , a Police officer not below the rank of sub-Inspector of the local area shall enter and search any place where the records and property are kept or are likely to be kept and to seize them and hand over possession thereof to the Director/ Memkr Secretary or the person authorized by tum, as the case may be. Chapter - 1V CLASSIFICATION OF MA-T AND SPECIAL MARKET 19. Classification of Markets The State Government may cIassify the market constituted under Section 4, into various categories on the biis of the criteria as may be prescribed. THE NAGALAND AGRICULTURAL PRODUCE MARKETING (DEVELOPMEW AND REGULATION) A n , 2005 20. Special Market for special commodities ( I ) The State Government may by notification declare any market area as 'Special Market' or Special Commodity Market after consideration of such aspects as turnover, serving large area and special ~nfmtruture xquirements of particular commodity to be operated in additian to the existing market. (2) Save as provided under sub-section (1) of section 14, thc States Government may by notifjcation,atabIish sepamte Market Committee for effective implementation of provisions of this Act for such markets which are notified as special market under sub-section (1). (3) All provisions for and in relation to the Market Committee made in the Act shall mutatis mutandis apply to theMarket Committee established for the special market under sub section (1). 21. Constitution of Market Committee for Special Market (1) Save as provided under sub-seclion (1) of section 14, every Market Committee for special market s h d consist of the following members, namely; (i) five agriculturists to be nominated by the State Gavernrnent fmm the amongst the agriculturists (residing in Nagaland); (ii) three traders to be nominated by the State Government from amongst the traders holding trading license in any Markel Committee in the State and out of theTraderso nominated at least two shall hold the license from the market committee of the notified special Market; (iii) Chairman of the MunicipaVtown Council or his nominee of the area where the Special Market is located; (iv) theDeputy Commissioner or his nominee of the distrjct in which Special market is located; (v) The Chief Town Planner or his nominee; (vi) DirectorlMember Secretary of the State AgriculturaI Marketing Board; (vii) Executive Member to be appointed by the State Government who shall act as Secretary of the Special Market Committee; and (viii) the agricultural Marketing Advisor to the Government of India or his nominee. (2) The Market Committee shall meet at least once in six months. 22. Chairman for Special Market The Market Committee for special market shall have a Chairman who shall k nominated by the State Govemment for such p e r i d as may k specified. The mernkrs shall holdoficeat the pleasure of the State Government. 23. Secretary for Special Market Committee Executive member of the market committee shall act as the Secretary of the special market. He shall : (i) exercise supervision and control over the &cers md slaff of the Market Committee i n matters of executive administration concerning accounts and records and dis@ of all questions ~lating to the services of the oficas and staff of the Market CommiItcc as per the pmcribed procedure; [ii) appoint officers and staff of Ihe Market Committee as per direction and procedures prescribed by the market c o r n ttse, incw expenditure from the M&ct Conmi [tee fwd for the sanctioned items af work; 0v)in cases of emergency, direct the execution or stoppage of any work and doing of any act which requires the sanction of the Market Committee; (v) Iaunch prosecution for violation of provisions of this Act, rules and bye-laws made thereof; (vi)issue licences to the market functionaries operating in the market ; (vis) Prepare annual budget of the market committee; (viii) arrange for summoning the meetings of the Market Committee and maintenance of records of the p m d n g s of such meetings, (ix)jnspect from time to time the construction work undemken by the Market Committee and send report of such inspcc tion to the Chairman of the market committee; (x) =port such acts of the market committee or members of the Market Committee including the chairman which are c o n r q to the provisions of this Act, rules and bye-Iaws framed thereof to the Director of Marketing; and (xi) take such steps as deemed necessary for effecti ve discharge of the functions and decisions of the Market Committee. Chapter - V Conduct of business, powers and duties of market committee 24. Meeting of the Market Committee (1) Subject to the provisions of this Act, the Market Committee shall conduct its business as may be prescribed. (2) AMarketCommiiteesh~meetforthetransactionofits business at least once in every month, provided that the Market Committee may in special circumstances meet at anytime and at any place in the market area as may be prescribed. (3) The Chairman shalI preside over the meeting of Market Committee and if he is absent, one of the members present in the meeting as may be chosen by the members present, may act as the Chairman. 25. Powers and duties of the Market Committee (1) Subject to the provisions of this Act, it shall be the duty of the Market Committee: THE NAGALAND AGRICULTURAI. PRODUCE MARKETING (DEVELOPMENT AND REGULATION) Am. 2005 (i) to implement the provisions of this Act, the rules and the bye-laws made thereunder in the market area; oi) to provide such facilities for marketing of agricultural produce therein as the Direc tor1Mem ber SecretaryIBoard or the State Goverrunent may from time to time direct; (ii) to do such other acts as may be required in relation to the superinlendence, direction and control of market or regulatingmas-keting of agricufml p d u c e in any place in the market area, and for the purposes conncctcd with the matters afo~said, and for that purpose may exercise such powers and discharge such functions as may be provided by or under this Act; and (iv) to do dl other acts to bring about complete transparency in pricing system and w a c tions bhng place in Ihe m a r h area. (2) Without prejudice to the generality of the forgoing provisions, the market committee may: (i) maintain and manage the market yards andsub-market yards within the market areas; (ii) provide the necessary facilities for the marketing of agricultural produce within the market. yards and outside the market yards and wj thin the sub-market y nrds and outside the sub-market yards in the market areq (iii) register or refuse registmlion to market functionaries and renew, suspend ar cancel such registration, supervise the conduct of the market functionaries and enforce conditions of registration; (iv)reguhte or supervise the auction of notified agricultural produce in accordance with the provisions and procedure Iaid down under the rules made under this Act or bye-laws of the market committee; (v) conduct or supervise the auction of notified agricultural produce in accordance with the pmcdure Iaid down under the rules made under this Act or bye-laws of the market mmmiUec; (vi)reguIate the making, carrying out and enforcement or cancellation of agreements of sales, weighmen, delivery, payment and all other matters relating to the market of notified agriculturd produce in the manner prescribed; (vii) provide forthe settiement of all chsputes between the seller and the buyer arising out of any kind of transaction c o n n d with Ihe marketing of notified agricultural produce and all matters ancillary there to; (viii) take all possible steps to prciven t adulteration of notified agricuIturaI produce; (ix) make arrangements for employing by rotation, weighrnen and heIpers for weighing and transpohg g d s in respect of transactions held in the market yard and sub-yards; (x) set up and promote public private pmership in management of the agricultural markets; (xi) ro promote public private partnership for carrying out extension activities in its area viz., collection, maintenance and dissemination of information in respect of production,sde,storage,processing,pric and movement of notified agricultural produce; (xii) take measures for the prevention of purchases and sales below the minimum support prices as fixed by the Gove~nmcn t From time to time; (xiii) levy, take, recover and receive rates,charges,fees and other sums of money to which the Market Comrni ttee is entitled; (xiv) employ the necessary number of officers andservanl for the efficient implementation of the provisions of this Actthe RuIes and the Bye-Laws as prescribed; (xv) regulate the entry of persons and vehicles,traffic into the market yard and sub-market yard vesting in the Market Committee; (xvi) prosecute persons for violating the provisions of this Act,the Rules and the Bye-Laws and compound such offences; (xvii) acquire land and dispose of any movable or immovable property forthe purpose oftficientlycarrying out itsduties; (xviii) impose penalties on persons who contravene the provisions of this Act, the RuIes or the B ye-Laws or the orders or directions issued under this Act,the Rules or the Bye-Laws by the Market Committee jts Chairman or by any Officer dully authorized in this khalf; (xi x) institute or defend any suit, prosecu tion,action, p ~ n g , a p p l i c a t i o n or arbitnition and compromise such suit, action, proceeding, application or arbitration; (xx) pay pension, allowances, gratuities, conbibution towards leave allowances, pensions or provident fund of the officers and servants employed by the Market commi ttce in the manner prescribed; (XKi) administer Market Committee Fund referred to in section 58 and maintain the account thereof in the prescribed mariner. (xxii) keep a set of standard weights and measure in each principal market yard and sub-market yard against which weighment and measurement may k checked; (xxiii) inspect and venfy scales, weights and measures in use in a market area and also the books of accounts and other documents maintained by the market func tioneries in such manner as may be prescribed; (xxiv) arrange to obtain fitness(hea1th) certificate from veterinay doctor in respect of animais, cattle, birds etc., which are bought or sold in the market yarddmarket m a ; (xxv) carry out publicity about the benefits of regulation, the system of transaction, facirities provided in the market yard etc. through such means as poster, pamphlets, hoardings, cinema slides, film shows, w u p meetings, electronic mda THE NAGALANU AGRICULTURAL PRODUCE MARK~NC; (DEVELOPMEKF AND REGULATION) ACT, 2005 etc., or through any other means considered more effective or necessary; (xxvi) ensure payment in respect of transactions which take place in the market yard to be made on the same day to the seller, and in default to seize the agricultural prodce in question along wih other property of Ihe person concerned md to arrange for re-sale thereof and in the event of loss, tn recover the same from the original buyer together with charges for recovery of the losses, if any, from the original buyer and effect payment of the prices of the agricultural produce to the seller; (xxvii) recover the charges in respect of weighmen and diski bute the same to weighmen if not paid by the purchaser/ seller as the case may be; (xxviii) with the prior sanction of the State Government Board undertake the constructjons of godowns, roads and such other infrastructure in the market y Wsubyard and market area as may be required to facilitate movement of agricul turd produce to the market for benefit of producer, sellers and traders operating in the market area; (xxix)collectand maintain information inrespectofpduction, sale, storage, processing, prices and movement of notified agricuItural produce and disseminate such information as directed by the Director; (xxx) wirh a view to maintain stability in the market: (a) take suitable measures to ensure that traders do not buy agricultural produce beyond their capacity and avoid risk to the sellers in disposing of the produce; and (b) grant licencesonlyafterobtainingnecessarycapacity of thc buyers; ( x x x i ) to promote and undertake agricultu~.al processing including activity for value addition in agricultutl: produce. (3) With the prior sanction of the Spite GovemmentlSoard, the h k e t Committee may undertake thc Followingworks: (i) construction of roads, godowns and otherinfrastruchre in the rnarkct mato facilitatr: marketing of agriculhlral p d u c e and for the purpose give, grant or advance funds to the Board, the Public Works Department or my other agency authorized by the Board. Qi) maintain stocks of fertilizers, pesticides, improved seeds, agricultural quipments, inputs for sde; [I) to providc on rent stor,age facilities for stocking OF agricultural produce to agriculturists. (4) In addition to above, the market committee shaIl J so be responsible for: (i) the maintenance of proper checks on all receipts and payment by ils oficers; (10 the properexecution of all workschurgeable to theMarket CommitteeFund; THE NAGALAND AGRICU~I'URAL PRO~UCE MARKEIZNG (DEVELOPMEKT AND RIZGLILATION) Am, 2005 (iii) keeping a copy of this Act and of the rules and notifications issued thereunder and of its bye-laws, open to inspection free of charge at its office; and (iv)arranging for preventive measures against spread of contagious cattle disease. 26. Publishing data of agricultural produce To publish and circulate from time to time the data of arrivals and rates of agricultural produces standard- wise and brought into the market area for sale as may be prescribed. 27. Appointment of Sub-cownittee and delegation of powers Subject to such conditions and restrictions as may be prescribed, the market committee may appoint sub-committees consisting of one or more of its members for the performanceof any of its duties or func tions for reporting or forgiving opinion on any matter and may delegate to any such sub-committee such of i ts powers as may be necessary. 28. Power to borrow (I) A Market Committee may with the previous sanction of the Board, raise money or issue debentures required for carrying out the purpose for which it is established on the security of any property vested in it and of any fees levied by it under this Act. (2) The Market Committee may, for the purpose of meeting the initial expnditure on lands, bui Iding, staff and equipmenis required forestablishing the M e t , . o b h a lam h m the State Govammt orMarketing B& or other hancial institution. (3) The conditions subject to which money or loan undcr sub section (2) shall be raised or obtained and the time within which the same shall be repayable shall be subject tothe previous sanction of the State Government or the Board. 29. Compounding of offences (1) The market committee may accept from any person who has committed or is reasonably suspected of having committed (other than contravention of section 39) against this Act or the rules or bye-laws by way of compounhng of such offence: (a) where the offence consists of the failure to pay or the ev,asion of any fee, or other mount recoverable under this Act or the rules or the bye-laws, 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 and na t more than fi ve times the amount of fee or other amount to the maximum extent of rupees five rhousand; and (b) in other cases a sum of money not exceeding rupees five thousand. (2) On thecompounding of any offence under subsection (I), no proceedr ng shall be taken or continued against thc person concerned in respect of such an offence, and if any proceedings in respect of that offence have already been instituted against him in any court, the compounding shall have effect of his, acquittal. THE NAGALAND AGRICULT~JKAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT, 2005 30. Power to write off irrecoverable fees The Market Committee may write off any fee or amount whatsoever due to it, whether under a contract or othenvise, or any amount payable in addition therewith, if in its opinion such fees or an amount is irrecoverable: Provided that the Market Committee shall, kfore writing off any such fee or amount, obtain the sanction of the Board, i f the fee or arnoun t exceeds rupees fifty thousand. 31. Power to remove encroachment (1) Any officer or servant of the market committee whom the Board has empowered in this behalf shalI have the power to =move any encroachment in a space in the market yard and the expenses of such removal shall be paid by the p s o n who has caused the said encroachment. (2) Existence of encroachment in market yard wiIl be treated as a misconduct of a Committee, if it does not resolve to remove it and also of the Chairman, or the Member Secretary if they fail to remove jt afterresolution of the Committee. 32. Use of weighing instruments, weights, measures, their inspection and seizure ( I ) Only such weighing instruments which satisfy the requirements of such weights and measures as are prescribed by the State Weights andMeasures Act and rules made thereunder shall be used for weighing or measuring agricultural prduce in a notified market area; Provided that in transactions of sale and purchase of agricultural produces in the principaI market yard and submarke t yards of the notified market area the beam scale or platform scale or electronic balance shaIl only be used. Every committee shall keep in the market yard at least one weighmg insmment of the capacity of one quintal and hvo sets of weights and in places where measures are used to be measured, verified and stamped in accordance with t hc provisions of the State Weights and Measures Act and the ru1e.s framed thereunder. The committee shalI cause such weights and measures to be tested and verified once in the course of eac h calendar year t hrough the agency appointed and in accordance with the requirements of the said Act andRules. (3) The Market Committee shalI allow any person to check, free of charge any weights and measure in his possession against the weights and measures maintained under this section. (4) Weighing instruments, weights and measures kept by the committee under this section may at my time be inspected, examined and checked by the Director or the Member Secretary or any other officer duly authorizedin this behalf by the DirectorlMember Secretary and after such inspection, the inspecting authority may give such dim tions as it may deem proper to the Committee which shall comply with such dk t ions . (5) The D i m tor/Mem ber Secretary or the Market Committee andany oherpersonauthorizedinthisbehalfby theDirectw or Member Secretary or Market Committee shall be entitled at any time and without previous notice to inspect, examine and tcst, any weighing instruments, weights or measures used, kept or possessed within a notified market area by a licence under the Act, and every such llcencee in possession of any such weighing instrument, weights or measures shall, when required, be bound to produce the same before the person entitled to inspect, examine and test it. (6) Any person authorized to inspect, examine and test any weighmg insmrnent, weights or masum under subsection (5) shaI1, whde so acting, have all thepwem of anhspector of Weights andMeasurz=s appointed under the State Weights and Measures Act. Mode of making a contract (I) Subject to the provision of this Act, no contract or agreement on behalf of the Market Committee for the purchase, sale, lease, mortgage or other transfer of, or acquisition of interest in immovable property shall be executedexceptwih the mction of tl-te market committee. Provided that i n such cases where the powers under this sub-section in respect of any matter are delegated to a sub-committee, sanction of the sub-committee shall be obtained. (2) Save as provided in sub-section (11, (i) the Secretary of the Market Committee may execute a contract or an agreement on behalf of the Market Committee where the amount or value of such contract or agreement dm not exceed rupees five thousand ~ g a r d i ng matters in respect of which he is generally or specifically authorized to do so by a resolution of the Market Cornmitte; {iri) the Chairman and the Secmtary of the Market Committee, when theamount or valueofsuch aconiractoran agreement does not exceed rupees twenty thousand, depend ng on h e class of the Market Cornmi ttee as may be prescri bcd: Gii) in any case other than those referred to in clause (i) of sub-section (21, a contract or agreement on behalf of the market committee shall be executed by the Chairman, Secretary and one other member of the Market Comminee who shall have been generally or specially authorized by a i-esolution of the market committee to do so. (3) Every conmct en tered in to by the Market Committee shall be in writing and shall be signed on behaIf of the Market Committee by the person or persons authorized to do so under sub. section(2). 4 No contract other than a contract executed as provided in sub-sections ( I ) , (2) or (3) shall be vdid and binding on the Market Committee. (5) Where a contract or agreement is entered into on behalf of a Market Committee, the Secretary of the Market Committee shall report the fact to the Market Committee at its meeting convenedimmediately following the date of entering into such a contract or an agreement. 34. Act of Market Committee etc not to be invalidated No act of a Market Committee or of any sub-committee thereof or of any person acting as n member, Chairman, pr-esidiitg Authority or Secretary shall be deemed to be invalid by reason only of some dcfectin theconstitution or appointment of suchMarket Committee, sub-committee, members, Chairman, presiding authority or Secretary or on the ground that they or any of them were disqualified for such office, or that formal notice of the intention to hold a meeting of the Committee or of the sub-committee was not given duly or by reason of such act having been done during the pcriod of any vacancy in the office of the Chairman, or Secretary or member of such Committee or sub-cornmitreeor for any other Mlrmity not affecting the merits of the case. C W R - V T STAFF OF IMARKET COMMI'ITEE 35. Constitution of Nadand State Agricultural Marketing Service ( I ) (i) The State Government may, for the purpose of providing officers to the Maket Committee, constitute in a prescribed manner, a Service to be called Nagaland State Agriculture Make king Senrice. (2) The State Government may make rules in respect of recruitment, quaIificalion, appointment, promotion, scale of pay, leave, allowance, acting alIowance, loans, pension gratuity, annuity, compassionate fund, provident fund, dismissal, removal, conduct, departmental punishment, appeals and other service conditions of the members of the State Agricultural Marketing Service: Provided that a market committee shall have h e power of withholding promotion and stoppage of increment of the members of !he State Agricultural Marketing seivice. (3) The salary, allowances, gcatui ty and other payments required to be made to the members of the State Agricultural Marketing Service in accordance with the conditions of their service, shall be charged on the Market Committee. (4) The Direc~orlMember Secretary may, transfer any member of the Slate AgricuI tural Marketing Service from one Market Committee to another Market Committee. 36. Secretary of the Market committee ( I ) Every Market Committee shall have a Secretary who shdl be the Chief Executive Officer of the Market Comrni ttee and shall be the custodian of all the records and properties of the Market Committee and shall exercise and perform the following powers and duties in addition to such other duties as may be specified in this Act, the rules or bye laws, namely: (i) convene the meeting of the Market Cornmi ttee and of the sub-committee, if any and maintain minutes of the proceedings thereof; (ii) attend the meeting of the Market Committee and of every sub-cornmittee and take part in the discussion but shall not move any molution or vote at any such meeting; ( i ) take action to give effect to the moIution of the Committee and of the subcommittees, and report abut dl action taken in pursuance of such resolution to the committee as soon as possible; (iv)prepare the budget proposal; (v) furnish to the Market Cornmi- such =turns, s tatcments, sbtistjcs and report as the Market Comrni ttee may, from time to time, require including reports: (a) regarding the fines and penaities levied on, and any disciplinary action taken against the members of the sbffand themarket functionaries and orhers; (3) regarding over-tradi ng by traders; (c) regmding contravention of the Act, the rules. the bye laws of the standing orders by my person; (d) regarding the suspension or cartceHation of licence by the Chairman or by the penon authorized by the B o d in this khalf; (e) rcgardi ng the ahinismtion of the Market Committee and the ~gulation of the marketing; (vi) produce before the committee such documents, books, registers and the likes as may be necessary for the transaction of the business of the committee or the sub committee, and also whenevercalled upon by theMarket Committee to do so; (vii) exe~ise supervision and control over the acts of all officers and servants of the committee; (viii) collect fees and other money leviable by or due to the Market Committee; (ix) be responsible for all money IawfulIy payable by the Market committee; (x) make disbursements of all moneys lawfully payable by the Market Committee; (xi) report to the Chairman andDirectoror Member S e c ~ w as soon as possible in respect of fraud, embezzlement, theft or loss of the Market Committee's fund or property; (xii) prefer complaint in respect of prosecutions to be launched on behalf of the Market Committee and conduct proceedings, civil or criminal, on behalf of the Market Cornmi ttee. (2) The Secretiuy shall be appointed by the State Government from the services of the State Government and such appointments shall be binding on the Market Committee. 37. Appointment of staff by theMarket Committee ( I ) Every Market Committee may appoint such other Officers and servants as may be necessary and proper for efficient discharge of its duties: Provided that no post shall be created save with the prior sanction of the State Government/Board. (2) The Make t Committee may make bye-laws for regulating the appintment, pay, leave, allowances, pension, gratuities, contribution to Provident Fund and other conditions of service of such servants appointed under sub-section (I) and for providing for the delegation of powers, duties and functions to kern. (3) Notwithstanding anytlung contained in this Act or any rulcs or bye-laws made there under, rhe Board may, subject to the conditions specified in sub-section (4), transfer on deputation any servant other than the Secretary, or servant of any Market Committee carrying a maximum scale of pay as prescribed to any other Market Committee of the Distnct and it shall not be necessary to consult either the Market Cornmi ttee or the servant concerned before passing an order of transfer on deputation under this sub-section. (4) The servant conccmed transferred under sub section (3) shall: a) have his lien on the post held in the parent Market Committee; and THE NAG ALAND AGRICULTURAL PRODUCE MARKETING (DEVELOPMENI. AND REGULATION) ACT, 2W5 (b) not be put to disadvantageous position in respect of pay and allowance which he would have been entitled to, had he continued in the parent Market Committee. Chapter -VII CONTRACT FARMING 38. Procedure and Form of contract farming agreement Contract Farming agreement shall be in the manner laid down hereinafter:. (1) the Contract Farming Sponsor shall register himself with the market committee or with a p m r j bed ofCicer in such a manner as may be prescribed. The Contract Farming Sponsor shall get the contract farming apmentrecmledwith the officer prescribedin this behaif, The contract farming agreement shall be in such form containing such particulars and terms and condi tions as may be prescribed. Notwithstanding anything contained in the con&act farming agreement, no title, rights, ownership or possession shaII be transferred or alienated or vested in the contract farming sponsor or his agent as a consequence arising out of the contract farming agreement. (3) Disputes arising out of contract farming agreement may be referred to an Authority prescribed in this behalf for settlement. The prescribed Authority shall resolve the dispute inasurnmary manner within tlurty days after giving THE N A G A L ~ D AGRICUI,TURAL PRODUCE M A R ~ G (DEVELOPMEW AND REGULATION) Am, 2005 the parties a reasonable opportunity of being heard, in the manner prescribed. (4) The party aggrieved by the decision of the prescribed authority under sub-section (3) may prefer an appeal to an AppellantAuthority within thuty days horn date of hision. The Appellant Authorityshd disposeoff of theappeal wibin thirty days after giving the parties a reasonable opportunity of being heard and the decision of the Appellant Authority shall be find. (5) Thedecisionby theAuthorityundersubsection(3)and decision in an appeaI under sub section (4) shall have the force of the decree of LI civil court and shall be enforceab~e as such and the decreed amount shall be recovered as arrears of land revenue. (6) Dispute relating to and arising out of contract farming agreement shall not be calIed in question in any court of law other than provided herein above. (7) The agricultural produce covered under the Contract Farming Agreement may be sold to the Contract Farming Sponsor outside the market yard and in such a case, no market fees will be leviable. Chapter-V111 REGULATION OF TRADE 39. Regulation of Marketing of notified AgriculturaI Produce (1) Nopersonshall,exceptinaccordancewiththeprovision OF this Act and the rules and bye-laws made there under: 0) use any p l a in the market a m for the marketing of notifled agricultural produce, or (i) operate in the market area as a market func tionary. Nothing in sub-section (I ) shall apply to the following sale or purchm of such agricultural pduce: (i) whereof, the sale is made by the producer himself to any person for his domestic consumption in quantity upto four quintals; () which is brought for sale by head load: Provided that the State Government by notification may withdraw this exemption specifying the reason therein in mpect of such market a m as is specified in the noti6cation; (iii) purchase or sale of which is made by a petty trader; ov) purchase of whic h is made by an authorized fair price shop dealer from the Food Corporation of Tndia or any other agency or institution authorized by the State Government for dishbution of essential commodities through the public dishbution system; (v) transfer of such agricultural produce to a cooperative society for the purpose of securing advance therefrom. 40. Sale of notified Agricultural Produce in the Markets (1) All notified agriculture produce shall ordinarily be sold in the market yarddsub market yards or in the private yards of the licence holder, subject to the provision of subsec tion (2): Providedthat h e notifid agricukuml p d u c e may be sold at other places dso to a licence holder especially permitted in this behalf under section 45 of his Act: Provided further that it wi 11 not be necessay to bring agricultural produce covered under contract farming to the market yardlsub-market yard/private yard and if may be directly sold to the Contract Farming Sponsor from the farmers' fields. (2) Such notified agricultural produce as may be brought by the licensed registered traders from outside the market area or in the market area in the course of a commercial transaction may be bought or sold anywhere in the market area. (3) The price of the notified agricul turd produce brought for sale into the market yard, shaI1 be settled by tender bid or auction or any other transparent system and no deduction shall be made from the agreed price on any account whatsmver from the seller: Provided that the price of notified agri culturaI produce in the private yards sMl be settled in the manner prescribed. (4) Weighmen or measurement or counting of dl the notified agricultural produce so purchased shall be done by such a person and such system as is provided in r he bye-laws or at any other- place specified for the purpose by the Market Cornmiltee. , Terms and procedures of buying a11d selling (1) Except in the commercial tmsuction between two tr;~ders, any other person who buys notified agriarltural produce in themarket area,shalI executean agreement in triplicate in such form, as may be prescribed in Fdvour of the seller. One copy of the ugrccment shall be kept by the buyer, one copy shall be supplied to the seller and the remaining copy shall k kept in the record of theMarket Committee. (2) (i)Thepriceofthcnotifiedagricultutrlproduceboughtin themarkct yardsubmarket y d p r j v a t e yardshall be paid on the sme day to the seller in thc market yardsub ir~arket yadprivate yard. Payment of notified agricul tuciil produce purchased, out of such yardfy nrds, shall also be made to the seller, if he is not a wader, on the same day there itself. (ii) In case the purchaser does not make payment under clause (i), h e shall be liable to make additional payment at the rate of one percent per day of the totat price of the agriculturaI produce, pay able to the selIer withrn five days. (ii)In case the purchaser does not make payment with additional payment to the seller under clause (I) and (ii) above, within five days from the duy of such purchase, his licence/ regishation shd 1 be deemed to have been cancelled on the sixth day and he shall not be registered or granted any licence or permitted to operate under this Act for a period of one year from the date of such cancellation. (3) No wholesale transaction of notified agricultural produce shall be entereddirectly by Iicensedl~gistered mders with producers of such produce except in the market yadsub market yardiprivate yard or in such place in accordance with the provisions in the bye-laws: Provided that agricultural produce covered under contrzict farming agreement may be bought directly by contract farming buyer anywhere. (4) The commission agent shall recover hiscommission only from his principal trader at such rates as may be specified in the b ye-laws i ncludng all expenses as may be incurred by him in storage of the produce and other services rendered by hi rn. (5) Every commission agent s h d be IiabIe:(a) to keep the goods of his principal in safe custody without any charge other than the commission payable to him and (b) to pay the principal, as soon as goods are sold, the price thereof irrespective of whether he has or has not receivedthe price from the buyer of such goods. 42. Power to levy market fees (single point Ievy) THE NAGALAND AGRICULTURAL PROUUCE MARK~TING (DEVELOPMENT AND REGUI~ATION) Acr, 2005 (i) on the sale or purchase of notified agricultural produce, whether brought from within the State or from outside the State, into the market area; and (ii) on the notified agricultural produce whether brought from within the State or from outside the Stcite, into themarket area for processing at such rates as may be fixed by the State Government from time to time subject to a minimum rate of fifty paise and a maximum of rupees two for every rupees one hundred of the price in the manncr prescribed. (2) (i) Market f a specified in subsection (I) shall not be levied for the second time in any market area of the State, provided that market fee has already been paid on that agcultural produce in any market of the State and the inforrnntion in this context has been furnished, as prescti bed, by the concerned person that the payment of marker fee has already been made in other market. (ii) Market fee shall not be levied more than once in any market area in case the agricultural produce is k i n g resold in the process of commercial transaction between traders or to consumers, provided that the information, as prescribed has been furnished by the concerned person that the payment of due rnarke t fee has already k e n made on i t . (3) On the agricultural produce brought in the market area for commercial transaction or for processing, if the permit issued under section 44 has not k e n submitted, the market fee shall be deposited by the buyer or processor, as the case may be, in the office of the market committee, within fourteen days, but before saIe or resale or processing or export outside the market area. Provided that in case any notifd agricultural produce is found to have been processed, sold or resoldor dispatched outside the market area without payment of market fee payable on such produce, the market fees shall be levied and recovered at five times the market value of the processed produce or value of the agricultural produce, as the case may be. (4) The market fee shall IE payable by the buyer of the notified agricultural produce and shall not be deducted from the price payable to the seller: Provided that where the buyer of a notified agricultural producecannot be identified, dl the fees shall be payable by the person who may have sold or brought the produce for sale in the market area: Provided further that in case of commercial transaction between traders in the market area, the market fees shall be collected and paid by the seller. (5 ) The market functionaries, as the Market Committee may, by bye-laws specify, shall maintain account relating to sale and purchase or processing or value addition in required forms and submit to the Market Committee, periodical re turns as may be prescribed. (6) The Market Committee may levy and collect entrance fee on vehcles, which may enter into market yardlsu b-marke t yard at such rate as may be specified in the bye-laws. 43. Permission for transportation of notified agricultural produce ( I ) Any agricultural produce, shalI be transported into the market area under commercial transaction as may be prescrjkd by the Board. (2) Any notified agricul turd produce shall lx removed out of the market area only in the manner and in accordance with the permit issued in such form, as is prescribed by the Member Secretary or Director and not otherwise: Provided that the bill issued by the seller will have to be kept with the buyer at the time of transportation of processed products of agricultural produces. 44. Registration of Func tionaries (1) Every person who, in respect of notified agricultural produce, desires to operate in the market area as trader, commission agent, weighmen, surveyor, warehouseman, contract farming buyer, owner or occupier of processing factory or such other market functionary, shall apply to the Market Committee for registration in such manner, within such period as may be prescribed. Provided that any person who desires to trade or transact in any notified agricultural produce in more than one market area, shall have to get hs reg stration, for respective function, with the authority prescribed by the State GovemmentlDi~tor. (2) Every such application shall be accompanied wilh such fee as the State Government/ Director may prescribe. (3) The Market Committee may register or rencw the registration orrefuse to register or renew the registration on the basis of one or more of the following reasons: (ii) the applicant has been declared defaulter under the Act or rules made thereunderand bye-laws: (5) the applicant has becn found guilty under this Act. (4) The applications received under sub-section (1) shall be disposed off by the Market Committee as required in sub section (3) in four weeks, but if the Market Committee fails to dispose o f f application in four weeks time, then (i) the applicant shalI remind in writing to the Market Committee, in respect of his application; (i) nioreover the applicant shall also inform in writing to the authority prescribed by the Dim tor in this legad; (iii) on the expiry of period of two weeks after submitting the reminder, if the appIication is not disposed off, it shall be deemed that the registration or its renewal, as the case may be, has been granted; (iv) the prescribed Authority on the basis of information received by him and after expiry of time of two weeks, shall only confirm that application for registmtj onlrenewal was submitted to the Markel Cornrni tlee and due action has not been taken by the Market Cornmi ttee for disposa! of the same, then he shall issue a ceflificate underclausc (iii) of sub section (4) regarchng gmnt of deemed registration or its deemed renewal within two weeks time. (5) All the registrations granted and renewed under this section shall be subject to the provisions of this Act, rules and bye laws made thereunder. (6) No commission agent shall act in any transaction ktween the agriculturist-seller,, or traders-purchaser, on behalf of an agriculturist-seller, nor shall he deduct any amount towards commission from the sale proceeds payable to h e agricul turist-seller. 45. Establishment of private market yards and direct purchase of agricultural produce from agriculturists (direct purchase from pducers) The DirectorlMember SecretqIpmcri bed Authority may grant licence to purchase agriculturd produce by establishing private market yards or direct purchase from agriculturist in one or more market area for: (a) process of the notified agricultural produce; (b) trade of notified agricultural produce of panicular speci tications; (c) export of notified agncul turd produce; (d) grading, packing and hartsactionin otherway by value addition of notifred agricdtural produce. 46. ~shMishment oFconsunier/farmer market (direct sale by the producers) (1) Consumer/Farmcr market may be established by deveIoping infrastructures as prescribed by any person in any market area. (2) Market service charge shall be collected on sale of agricultural produce by the seller and will he remitted ro the proprietor of theconsumer market. (3) Save as othenvise provided in this Act, no market fees shall be leviable on the transactions undertaken in the consumer/fimers market. 47. GrantlRenewal of private y ard, consumer/farrner market and weighman (1) Any person who, under sectian 45, desires to purchase notified agicultural prnduce dimt from the agricuIturist or wishes toestablish consumer/fmermarket in one or moE than one y x d , market area, shall apply to the Director or Member Secretary for grant or renewal of licence, as the case may be, prescribed by the State Government. (2) Along wi th every such application for licence, fee prescribed by the Board shall be deposited. (3) Applicationreceivedundersub-section(1)forgrantofor renewal of licence may be accepted or rejected for reasons morded in writing by the Authority prescribed by the State Government, as the case may be; Provided that (i) ifthemarketcommit~eeduesareoutstandingagainstthe applicant the licence shall not be grantedlrenewed; (ii) the applicant is a minor or not bonafidc; (&)the applicant having been decIared guilty in any criminal case and convicted by imprisonment; (iv) any other reason. (4) All the licences grantedlrenewed under this section shall be subject to provision of this Act, rules or byelaws made the~under. 48. Power to cancel or suspend Iicencelregistration (I) Subjecttotheprovisionsofsub-section(4)ofthissection, the Dimtor or Member Secretary or prescribed officer or Market Committee who has issued licence or regstration, as the case may be, for reasons to be communicated to the licence holder/ registration holder in writing, may suspend or cancel the licence or registration as the case may be: (i) if the licence ormgistration has been obtainedthrough wilIful misrepresentation or fraud; or [) if the holder of the Iicence or registration or any servant or anyone acting on his behalf with his (licenselregistration holder) expressed or implied permission, commits a breach of any of the terms or conditions of licencd~gistration; (iii) if the holder of the licencelregistration in combination with other licendregistration holder commits my ac t or abstains from carrying on his normal business in the market area with theintention of willfully obstructing,swpendingor stopping the marketing of notified agricultural produce in the market yardlsub-market yard and in consequence whereof the marketing of any notified agricultural prduce has been obstructed, suspnded m stopped; (iv)if the holder of the licencelregistration has become an insolvent; (v) if the holder of the licencelregistration incurs any disqualification, as may be prescribed; or (vi)if the holder of the licencelregistration is convicted of any offence under this Act then within one year of h e conviction if the conviction is for the first time and within thw years for subsequent conviction. (2) Subject to the provisions of sub-section (4) of this section, the Chairman or Secretary may, after communicating the reasons in writing to the licence(registmtion holder, suspend a licencelregisrration for the period not ex~ccding onc month on any reason for which Lhe Market C o d ttee may suspend a licencdregistration under sub-section (I): Provided that such order shall cease to have effect on expiry of a period of ten days from the date on which it is made, unless confmed by the Market Cornmi ttee before such expiration. (3) Notwithstanding any thing contained in sub-section ( I ) , but subject to the provisions of sub-section (4) the Director or Member Secretary may, for the reasons to be communicated in writing to the licencelregistmtion holder, by order, suspend or cancel his licencelregistration granted or renewed by the Market Committee. (4) No Iicencelregistration shall be suspended or cancelIed under this section without giving a reasonable opportunity to its holder to show cause against such suspension or canceIIation: Provided that the power to suspend or cancel a licence granted by the authority prescribed by the State Government shall vest with the Authority himself so prescribed subject to provisions of this Section. 49. Appeal (1) Any person aggrieved by an order of the Secretary or the Chairman of Market Committee or the Directorhlember Secretary, passed under Sections 44 or 47 or 48, as the case may be, prefer an appeal: THE NAGALAND AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND ~ G U L A T I O N ) ACT, 2005 (i) totheMarketCommittee, whesesuchorderispassedby the Chairmadsecretary, within seven days of receipt of the order, and (ii) to the Director or Member Sectehry, where such order is passed by the Market Committee, within thirty days of receipt of the order, and [i) to the State Government, where such order is passed by the Director or Member Secretary, within thirty days of receipt of the order; in such manner, as may be prescribed. (2) The Appellate Authority shalI, if it considers necessary to do so, grant a stay of the order appealed against for such period as it may deem fit. (3) The order passed by the Chairman, Market Committee and the Director or Memkr Secretary shall, subject to the order in the appeal under this section, be final and shall not be called in question in any Court of law. SO. Redressal of dispute between Private MarketlConsurner Market and Market Committee (1) Dispute between the Frivate Market or Consumer Market and Market Committee, shall be referred to the Director or Member Secretary or any 0ffitt.r authorized by the State Government in this regard. The dispute shall be resolved after giving both parties a reasonable opportunity of being heard, in the manner pmcribd. (2) ThedecisiongivenbytheAuthorityundersub-section(1) above shall be final and shall not be called in question in any Court of law. 51. Prohibition of allowance other than those prescribed under this Act No trade allowance or deduction, other than prescribed by trade or under this Act, shall be made or received by anyperson inany market area in any transaction in respect of notified agricultutill produce and no civil c&, sha11, in any suit or proceedings arising out of any such transaction, have jurisdiction in regard to any trade allowance not so prescribed. 52. Power to order pduction of accounts and entry, inspection and seizure (1) The Secretary of the Market Committee or any officer or . servant of the State Government, empowered by the State Government in this behalf may, for the purpose of this Act, require any person carrying on business in any kind of notified agricultural produce to produce before him the axaunts andother documents and to furnish any idomdon relating to the stocks of such agricultural produce or purchase, sale, processing, value addition and delivery of such agricul turd produce by such *son and also to furnish any other information relating to payment of market fees by such person. (2) All accounts and registers maintained by any person in the ordinary course of business of any notified agricultural produce and documents relating to stocks of such agricultural produce or purchase, sale, processing, value addition and offices, establishment, godowns, vessels or vehicles of such persons shall be kept open for inspection at al I reasonable time by such officcrs and servants of the State Government, Board or Market Committee as may be authorized by the State Government in this behalf. (3) If any such Oficer or servant has reasons to suspect that any person is attempting to evade the payment of any market fee due from him under section 42 or that any person has purchased, soId, processed or value added any notified agricultural produce in contravention of any of the provisions of this Act or the rules or the bye-laws in force in the market arcas, he may, by communicating in writing to suc 11 person, seize such accounts, registers or d ~ u m e n t s of such a person as may be necessary, and shall grant a receipt for the same and shall retain the same only so Iong as may be necessary for examination thereof or for prosecution. (4) For the purposes of sub-section (2) or sub-section (3), such officer or servant may enter or search any place of business, warehouse, ofice, establishment, gdown, vessel or vehicle where such officer or servant has reason to klieve that such perSon keeps or forthe timeking has kept mounts, registers or documents of his business, or stocks of notified agricdwd p d u c e relnhg to this business. THE NAGALAND AGRICULTURAL PRODUCE MARW~~FIG (DEVELOPMENT AND REGULATION) Am, 2005 (5) The provisions of section 100 (4) to (8) of the Code of Criminal Procedure, 1973, shall, so far as may be, apply to a search under sub-section (4). 6 Where any b k s of accounts or other dw uments are seized from any place and there are such entries therei 11 malung reference to quantity, quotations, rdtes, receipts or payment of money or sale or purchase of goods, such books of accountsor other documents shall be admitted in evidence without witness having to appear to prove the same, and such entries shall be prima facie evidence of matters, transactions and accounts purported to have been recorded therein. 53. Submission of annuai account by licensedl registered functionaries and assessment of market fees (1) Every trader; processor, proprietor of a private yard, proprietor of consumerlfarmer markets or commission agent, carrying on business of notified agricultural produce shall, b e f d the 30th June every year submit to the Secretary a statement of transaction undertaken by or through him during the previous financial year ending on the 3lS'March, in the prescribed manner. (2) The Secretary shall accept or reject the statement submitted to him under sub-section (1) after necessary examination and vefication on the basis of information duIy available in the Market Committee and s h d assess the balance amount payable by the functionary and levy the assessed amount. (3) Any person aggrieved by the p r o c d n g s of the Secretary, may wjlhin thirty days from the date of communication of the notice to him, appeal to the Market Committee. , (4) Any officer authorized by the State Government or the Board may, on his own motion or on application made to the State Government start process of reverification of the statement, verified by the Secretary, wjthin two years of the date of verification and for this purpose such officer shall exercise the powers under section 52. (5) The re-verification made by the officer authorized by the State Government or the Board, shall be final. 54. Assessment of Market fees, on his own motion by the Secretary, payable to Market Committee by licensedl registered functionaries If any person who i s required to produce accounts or furnish information under subsection (1) of section 53 fails to produce such accounts or to furnish information or knowingly furnishes incomplete or incomct account or information or has not maintained proper accounts of the business of the notified agricultural produce, the Secretary on his own motion, shalI assess such person for fees levied under section 42 an the basis of information available with the Market Committee. 55. Power to stop vehicle and inspect stores @ by any officer or servant of the Board or any officer or servant of the Government empowered by the Board or dle lkpury Commissioner of the District in any market ma, or ci) by any officer or servant of the Market Committee in this behalf in !he market amconcemed, thedriver or any other person incharge of a vehicle, vessel or other conveyance shall stop the vehicle, as the case may be, and keep i t stalionaq, as long as may reasonably be necessary, and allow such person to examine the contents in the vehicle, vessel or other conveyance and inspecla11 records relating to notified agricul turd produce carried, and give Ius nalne, address and name and address of the owner of the vehicle, vessel or other conveyance and name and address of the owner of h e notified agricultural produce carried in such vehicle, vessel or other conveyance. (2) Persons empowered under sub-section (1) shall have power to seize my notified agricultural produce brought into orlaken out orproposed to be takenout of the market area in any vehicle, vessel or other conveyance, if such person has mason to believe that any fee or other amount due under this Actor the value payable to the seller in respect of such produce has not been paid. (3) If any person empowered under sub section (1) has reason to suspect that any person is attempting to evade the payment of any m,uket due from him under section 4 1 or that any person has purchased or stored any notified agricultural produce in contravention of any of the provisions of this Act or the rulcs or thc bye-laws ill rurce in the market area, he may enter or search any place of business, warehouse, office, establishment or godown where the person empowered under sub-section (1) has reason to believe that such person keeps or has for the time being kept stcck of notified agricultural prcduce and may seize the stored agricultural produce and such seized notified agriculturaI produce may be confiscated in favour of the market committee as prescribed for !his purpose: Provided that reasonable opportunity of hearing shall be given to the person concerned before confiscation of the agricultural produce. (4) The provisions of sections 10,457,458 and 459 of the Code of Criminal Procedure, 1973 (No.2 of 1974) shall apply to entry, search and seizure under subsection (11, (2) and (3) as they apply in relation to the entry, search and seizure of property by a Police officer. Such seizure shall forthwith be reported by the person aforesaid to a Madstrate havingjurisdiction to try the offence under this Act. 56. Power to exemption from market fee (1) The State Government may, by notification and subject to such conditions and restrictions, if any, as may be specifred therein exempt in whole or in part any agricultural produce brought for sale or bought or sold jn the market m a specified in such n ~ ~ c a t i o n , from the payment of market fee for such period as may be specified therein. (2 ) Any notification issued under this section may be minded before the expiry of the period for which it was to have shall cease to be in force. Budget and Market Committee. Fund Preparation and sanction of budget (1) Every Mdrket Committee shall prep= and pass the budget of its income and expenditure for the ensuing year in pmcribed form and s hall submit it to the Direc tor/Member Secretary for sanction before the prescribed date every year. The Director or Member Secretary shdl sanction the budget with or without modiFication within two months h m the date of receipt thereof. If the budget is not returned by the Director Member Secretary within two months, it shall be presumed to have been sanctioned. (2) The Market Committee may sanction and cause to underlake execution of construction works out of its fund other than the permanent fund referred to in sub-section (6) of this section on the basis of the plans and designs approved by the Market Committee, in such mannel. as may be prescribed by the Board. (3) No expenditure shall be incurred by a Market Commitref; on any item if there is no provision in the sanctioned budget ther~of unless it can be met by re-appropriation from saving under any other head. The sanction for re-appropriation may be obtained from the Director or Member Secretruy; however, in case of re-appropriation from minor heads under one major head, sanction for re-appropriation will not be required. (4) AMarketCommitteemay,atmy timcduringtheyearfor ' which any budget has been sanctioned, cause arevised or supplementary budget to be passed and sanction in the same manner as if i t werr an origind budget. (5) The Market Commitlee shall make provision in its budget for c ~ ~ d i ting the amount into the permanent fund at the rate of twenty percent of its gross receipt comprising of license fee and market fee and to the pension fund as prescribed from time to time by the ~irector~ernber Secretary. No expenditure from the permanent fund shall be incurred except with the prior approval or as per direction given by the Director or Member Secretary. No expenditure from this fund or from the amount as provided under subsection (2) of section 58 shall be proposed in the budget referred to in sub-section (1). (6) The Director /Member Secretary of the Board while according sanction for construction work may at his discretion, direct that the execution of the works shalI be entrusted to the Public Works Department of the State Government or Marketing Board or any other agency authorized by the Board for this purpose. 58. Market committee Fund (1) Saveasprovidedinsub-secdon(2)allmoneysreceived by a Market Committee shall be paid into a fund to be called the "Market Committee Fund and dl expenditu1.e incurred by the Market Comrnittec under or for the purposes of this Act shall be defrayed out of the said fund. Any surplus remaining with the Market Commi ttee after such expenditure has been met, shall be invested in such manner as may be prescribed. Any money received by the Market Cornrni ttee by way of arbitration fee or as security for costs in arbitration proceedings reIuting to disputes or any money ceceivd by the committee by \\lay of security deposit, contribution to provident fund or for payment in respect of any notified agricuitural produce, or charges payable to weighmen and other functionaries and such other money received by the Market Committee may be provided in the rulw or bye laws shall not form part of Market Committee Fund and shall be kept in such manner as may be prescribed. (3) Save as otherwise provided in this Act, the amount to the credit of the Market Committee Fund and also other money received by the Market Committee shall be kept in a scheduled co-operative bank or in u nationalized bank or in apost office saving bank or in any other mode with the approval of the Director or Member Secretary. 59. Application of Market Committee Fund Subject to the provisions of section 58 the Market Committee Fund may be expended for the following purposes only, namely: (i) the acquisition of a site or sites for the market; (ii) establishment, maintenance and improvement of market yard; (iii) the constmctjon and repairs of building necessary for the purpose of the market yard and for convenience or safety of the persons using thc market yard;. (iv) the maintenance of standard weights and measures; (v) the maintenance of establishment c harges including payment and contribution towards provident fund, pension and gratuity of the officers and servants empIoyed by a market committee; (vi)loans and advance to the employment of the market comrni ttee; (vii) the payment of inrerest on the loans that may be raised for the p q s e o f the market and provisions of sinking fundin respect of such loans; (viii) the collection anddissemination of information relating to crop statistics and marketing of agricultural produce; (ix) expenses incurred in audrting the account of the Market Committee, (x) payment of honorarium and traveling allowance of Chairman, ar~d other members ofthe market committee and sitting fees pay abIe 10 members for attending meetings; (xi) contributions to State Agricultural Marketing Borrrd as prescribed; THE NAG ALAND AGRICULTURAL PRODUCE MARKETING (DEVEI-OPMENT AND REGUI.ATION) ACT, 2005 (xi) conuibutions to any scheme for deveIopment of agricultural marketing including transport; (xiii) to pmvick facilities like gridding, standardization and quility certification services andcommunication to agriculturist in the market area; (xiv) to provide for development of agricultural produce in the market area; (XV) incwring of all expense on research, extension and training in marketing of agncultwdl produce; (xvi) prevention, in conjunction with other agencies, State, Central and others of distress sale of agricultural prduce; (xvii) fostering co-operative marketing and assisting ca-operative marketing societies in the procurement and organization of profitable disposal of produce partjcularl y the produce belonging to small and marginal farmers; (xviii) to create and promote on its own or through public private partnership infrastructure of post harvest handling of agricultural produce, colds tomges, precooIjng fxilities pack houses and all such infrastructure to develop modem market systems; and (xix) any other purpose connected with the marketing of a@cultunl produceunder this Act whetcon the expenditure of the Market Committee Fund is in the public interest subject to the prior sanction of the DirectorlMernber Secretary. Chnpter-X STATE AGRICULTURAL MARKETING BOARD: CONSTITUTION, FUNCTIONS AND POWIERS. 60. Establishment of the State Agriculture Marketing Board The StrlteGovemment may, for coordinating the activities of markets md for dcvclopment, promotion and regulation of ng~cultural marketing and for exercising such other powers amid performing such functions as are conferred osen~rns~ed by or under this Acr, establish md constitute a State Agricultural Marketing Board. 61. Incowratinn of Board The Board shall be a body corporate having perpetual successjon and common seal and may sue and be sued in its corporate name and shall becompetent to acquire and hold property both movable and immovable and to Iease, sell orothenvise transfer any such propetty mdtoconhact and to do all other things necessary for the purpose for which it is established. 62. Composition State AgriedturaI Marketing Board The Board shall consist of a Chairman and such other members as may be appointed by the State Government. 63. Members of the Board The members of the Board shall be appointed by the Stnte Government from amongst the folIowing categories of persons, namely: (1) Chairman: There shall be a Chairman of the State Agricultural Marketing Board who wi I I be appointed by the State Government. (2) Three to Five members to be nominated by the State Government from amongst the Chairmen of market committees (APMC) (3) Other ex oficio memhrs wiIl be as fallows: (i) Agriculture Production Commissioner (APC) (ii) Secrelary, Agricdt urd Secretary, Horticulture/ Secretary, Veterinary and Animal Husbandry. (iii) Agricultural Marketing Advisor to the Government of India or h i s nominee. (iv)Repmentative of the National Bank for Agriculture and R d Development, not below the rank of Deputy General Manager. (v) Director AgriculturelAgricultural marketing, Director Horticulture, Director Veterinary and Animal Husban*, Director Fishery, Registrar Co-operative Societies. (vi)Member Secretary who wi l l be appointed by the Stare Government 64. Appointment of Member Secretary and employees of the Board ( 1 ) The Board shall have a Member Secretary who shall be appointed by the State Govemment who shall k the Chief Executive Officerof the Board. (2) The Board may appoint other officers and empIoyees as may be necessary for the efficient discharge of i ts duties and functions under the Act. (3) The superintendence and conml over all the officers and empIoyees of the Board shall vest in the M e m k Secretary. 65. Term of office for the non-official Members of the Board The tcrm of ofice of the nun-official members of the Board shall be for five years, however the rnemtsers may hold office at the pleasure of the State Government. The Government may if it thinks fit remove m y of the Board members kfore the expiry of the term of office. 66. Term of office for the official members of the Board The t e n m of official members of the Board shall come to an end as soon he ceases to hold the office by virtue of which hewas nominated. in the event of super-cession of the Market Commi ttse from where the rnemberhembers have k e n nominated to the Board, the concerned member s ha1 l cease to be a member of the Board. 67. Allowance to members of the Board The members of the Board other than the ex officio members shall be paid from the State MarketingDevelopment Fund for such sitting feesandallowances for artending its meetings and attending to any other work as may be fixed by the State Government from time to time. 68. Filling of casuaI Vacancy I n the event of death, resignation, disqualification, or removal of any member of the Board or any vacancy occurs otherwise before the expiry of the term of ofice, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as may be, by nomination by the State Government. The person so nominated shall hold such ofice for the unexpired term of his predecessor. 69. Resignation of Members A member of the Board may resign his membership by tendering his resignation to the State Government under intimation to the Chairman of the Board and the seat of such member shall become vacant on the date of acceptance of his resignation. 70. Disqualification of the members of Board No person shall be a member of the Board who: (a] is, or at any time has been, adjudged insolvent; or (b) is, or has k e n convictedof an offence which, in theopinion of the Smte Government involves moral turpitude; (c) is of unsound mind md stands so declared by a competent court; or (d) is a Director or a Secretary, Manager or other sularied officer or employee of any company or firm having any contract with Lhe Board or a Market Committee; or (el is, or at any time been found guilty under section 87 or 99 of this Act; (f) has so abused, in the opinion of the State Government, his position as a member, as to render his continuance on the Boarddetnmental to the interest of the general pubIic. 71. Application of sub-committee The Board may appoint sub-committees consisting of t b m or more of its rnemkrs which shaIl include Chairman and the Member Secretary, for the performance of any of its duties or func~ions or for giving advice on any matter incidental thereto and may delegale to such sukommittse any of its duties or functions as may be deemed necessary. 72, Superintendence of the Board The State Government shall exercise superintendence and controf over the Board and its officers and may call for information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly, the Government may suspend the Board and, till such time THE N AGALAND AGRICUIXURAL PRODUCE MARKETING (DEVEI.OP~-E~ AND REGUI.~TTON) ACT, 2005 as a new Board is constituted, make such arrangements for the exercise of rhe functions of the Board as it may think fit, pmvided thar, the Boardshall be constitutedwithin six months from the date of its suspension. 73. Functions and Powers of the Board (1) The Board shall, subject to the provisions of the Act, perfom the following functions and shdl have powerto do such thing as may be necessary or expedient for carrying our these hnc tions: (i) cmrdination of the working of the Market Committees and other affairs thereof incIuding programmes undertaken by such Market Committees for development of markets and market areas; . (ii) undertake the State IeveI planning of the development of agricultural produce make ts; (iii) administer the State Market Development Fund; (iv) give direction to Market Committees in general or any Market Committee in particular with a view to ensure improvement thereof; (v) any other functions specifically entrusted to it by this Act; (vi) such other functions of like nature as may be entrusted to the Board by the State Government. Without prejudice to the generality of the foregoing provision, such functions of theBoard shall include: 24) to approve proposals for selection of new sites by the Market Committee for establishment of principal or sub market yard; (ii) to approve prnposals for constructing infrasmcture facilities in the market area; (iii) to supervise and guide the Market Committces in preparation of plans and estimates of construction programme undertaken by the Market Committees; (iv) to execute all works chargeable to the Board's Fund; (v) to maintain accounts in such form as may be prescribed and get the same audited in such manner as may be laid down in the regulations of the Board; (vi) to publish annually at the close of the year its progress report, balance sheet, and statement of assets and liabilities and send copies thereof to each member of the Board and the State Government; (vii) to set up a separate Marketing Ex tension Cell in the Marketing Board for transfer of marketing technology and extension services; the Board may also make necessary arrangements for propaganda and publicity on matters ref ated to he regulated marketing of an a&cuIRual produce and development of marketing; (viii) to provide facilities for the training of officers and staff of the market cornmi ttees after assessing the demand or trained personnel in agricultural marketing at all leveIs; a Training Institute with centers for training in agricultural THE NAGALAND AGRICULTURAL PRODIIUE ~ ~ R K E . I . I N G (DEVELOPMENT AND ~ C ~ U L A ~ O N ) Am, 2005 rndcting for view market functionaries: APMC m e m b . and farmers etc. be set up in the State Marketing Board, 'k. with necessary financial and academic support by the Directorate of Marketing and Inspction (Govermnent of India) being the National level Nodal Agency; (k) to prepare and adopt budget for the ensuing ycar; (x) to grant subventions on loans to market commi~ees for h e purpose of thrs Act on such terms and conditions as the Board may determine; ( x i ) arrange or organize seminarslworkshopdexhi bitions elc., on suhjects related toagriculturd marketing; (xii) to do such other things as may be of general interest to Market Committee or considered necessary for efficient functioning of the Board; (xiii) organize and promote grading and standardization of notified agircultuml prcduce; (xiv) arrange for collec tion of such agricultural p d u c e in the market area in which all bade therein is lo be carried out exclusively by the State Government or under any Iaw in force for that purpose or of such agricultural produce in the market area as the State Gnvernrnent may from ti me lo time not@. (3) The B o d lor the purpose of promotion of grading, standardnation and quality certification of agricultural produce in the State shall set up a Agricultural Produce Marketing Smdards Bmau to perform such functions and duties as prescribed. " Regulation (I ) The Board may with the previous approval of the State Government make regulations, not inconsistent with this Act and rules made thereunder for the administration of the affairs of the Board, (2) In particular and without prejudce to the genenlity of the foregoing power, such regulations may provide for all or any of the folIowing matters: (a) summoning and holding of meetings of the Board, the time and date when such meetings are to be held, the conduct of business at such meetings and the number of persons necessary to form a quorum hereof; (b) powers and duties of the officers and other employees of the Board; (c) salaries and allowances and otherconditionsof service of oficers and other employees of the Board and of Officers of the Market Committees; (d) management of the property of the Board; (e) execution of contracts and assurances of property on behalf of the Board; (f) maintenance of accounts and the preparation of balance sheet by the Board; (g) procedure for carrying our the functions of the Board under this Act; (h) other matters for which provision is to lx or may be made in regulation. 75. Marketing Development Fund All money received by or on behalf of the Board shall be credited to a fund calIed Marketing Development Fund. 76. Payment incurred by the Board AU payments incurred by the Board shall be defrayed out of the said Fund. 77. Contribution !awards the Board Every Market Committee shall, out of its funds, pay to the Board as con~burion such percentage of its income derived !?om licence fees and rnnrket fees as may be prescribed by the State Government by notification in the official Gazette, to meet the expenses of establishment of the Board and expenses incurred in execution of the functions assigned to the Board under this Act. 78. Borrowing by issue of bonds or stocks TheBoard may, forcqjngilut the provisions of this Act, borrow money from the State Government or may with the previous approval of the State Govemment: . (i) from any agency; or oi) issue debentures on theauthority of any property vestedin it or on the security of a part of its Future income accruing to it under this Act, or the rules made thereunder. 79. Utilization of Marketing Development Fund The Marketing Development Fund shall be utilized by the Board either on its own or through public-private partnemhip for discharge of functions entrusted to the Board under this Act. Without prejudice to genemli ty of this provision, the Market Development Fund may be utilized for the following purposes, namely: (i) payment of adrninisbti ve expenditure of the Board; (ii) payment of traveling and other allowance to the Chairman and Members of the Board; [i) payment of legal expenses incurred by the Board; (iv) granting aid to financially weak Market Committees in the form of loan or grant for development purposes; (v) propaganda and publicity on matters dating to marketing of agricultural produce; (vi) training of the Officers and staff of the Market Committees and Board and also agriculturist; (vii) imparting education in marketing of agricultuml produce; (viii) organizing and anangmg workshops, seminars, exhibitions etc. on development of marketing; (ix) promotion and construction of infras tructural facilities in THE NAGALAND AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT. 2005 (2) The Board may make arrangement for internal audit of accounts, as it may deem fit. (3) The annual accounts and balance sheet oft he Board shall be prepared by the Member Secretary and all moneys accruing to or received by the Board horn whatever source and all amounts disbursed or paid shaIl be entered in the accounts. (4) Atthetimeofaudit,theMemberSecre~shallcauseto be produced all accounts, registers, documents and other relevant papers which may be c d d for by the Audit Oficer far the purposes of the audit. Any explanation called for by such officer for the removal of any discrepancy shall be imedrately Furnished to him. (5) The accounts when audited shaIl be printed. The copis of accounts and audit report with comments thereon shall be placed before the Board. (6) All moneys received into the State Marketing Development Fund shall be deposited in a Co-operative Bank. 81. Delegation of Powers ( 1 Subject to the provisions of this Act, the Board may by general or special order, delegltle to the Member Secretary or sub-cornmi ttee appointed by it or to any officer of the Board, such of the powers and duties under the Act, as it may deem fit. (2) The Chairman or Member Secretary of the Board may delegatehis power under this Act to any officer of the Board. 82. Supervision and Control of the Chairman and the Member Secretary (1)The chairman of the Boxd shall preside over h e meetings of the Board. (2) Subject to the superintendence of the Board, the generill control and direction over all the officers and staff of the Board shalI be vested in the Member Secretary. 83. Functions and powers of the Members Secretary (1) The Member Secretary shall exercise supervision and control over the officers and staff of the Board in matters of executive administration, accounts and records and disposal of all question relating to service of the employees as per procedure prescribed; (2) appoint officers and staff of the Marketing Board as per direction and procedure prescribed by the Board; (3) incur expenditure from the Marketing Development Fund on the sanctioned items of work; (4) in case of emergency, direct the executions or stoppage of any work and doing of any uct which requircs the sanction of the Board; (5 ) prepare annual budget of the Board; (7) amgeforthemeetingsofrheBoardmtndmaintain~.ecords of the proceedings of the meeting of the Board as per procedure prescribed; (8) take such steps as deemed necessary for execution of the decision of the Board; (9) inspect the construction work undertaken by the Market Committees either from their own funds or loans and or grants provided by the Board or any other agencies and take corrective measures, (10) report such acts either of the Market Committee or of the Board which are contrary to the provisions laid down under this Act or rules and bye-laws made thereunder to the State Govemmen t. (1 I ) take such steps asdeemednecessary for effective discharge of the functions of the Board. 84. Control of Business of the Board ( I ) The Board shaIl meet for the transaction of its business at least once in every three months at such place and at such time as the Chairman may determine. (2) Save as otherwise provided in sub-section (1) of this section, the provisions of section 20 shall mutatis mutandis apply for thc conduct of the business of the Board. (3) All proceedings of the Board shall be authenticated by the signature of the Chairman andMember Secretary and d1 other orders and other instructions issued by the Board shall be authenticated by the s ignatu~ of the Chairman and Member Secretary or such other officer of the Board as may be aulhorized in this behalf by regulation. 85. Powers and Functions of the Member Secretary (1) Subject to the provisions of thrs Act, rhc Member Secretary may perform such functions other than those prescribed for the Board under this Act, which would enabie proper execution of the provisions of this Act. The State Government may delegate any or a1 l the powers vested in it under this Act, rules and bye-laws to the directorlMember Secretary. (2) In particular and without prejudice to the generality of the provisions of the section 89, the functions of the .Director Member Secretary may include: (i) supervision of the Market Committees for effective execution of provisions of the Act relating to transaction of agricultural commoditia taking place in the market yard; (ii) launch prosecution for contravening provisions of the Act, rules and bye-laws made thereunder; @) suggest mendrnents to the Act and rules h m e d thereunder for effective execution of the objectives of the Act; 0v)approve bye-laws framed by the Market Committee under this Act and rules; ( v) conduct audit of accounts of the Market C o d [tees; (vi) grdding and standadzation of agricu l turd pmduce; (vii) appmve the budget of the Market Committee; (viji) accord sanction to the creation of posts of officers and staff of the Market Committees; Wappointment and transfer of the members, of the State Agricultural Marketing Services and act as the cadre contralIing authority for the personnel of the State Agricultural Marketing Services; . (x) acceptance of resignation of the Chairman of the Market Committees; (xi)hear appeal from any person aggrieved by an order of the Market Committee; (xii) approval of the resolution passed by Market Committee; (xiii) removal of Chairman or memkrlmembers of the Market Commi [tee; and (xi v) inspect or cause to be inspected h e accounts and oftices of theMarket Committee. 86. Powers of Chairman of the Board The Chairman of the Board shall exercise such powers as may be prescribed under this Act. THE NAG ALAND AGRICUITURAL PRODUCE: MARKETING (DEVELOPMENT AND REGULATION) ACT, 2005 87. Penalty for contravention of Act, rules and bye-Iaws Any person who contravenes any provision of this Act, rules or bye-laws or orders issued thereunder shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both. Provided that in the case of a continuing contravention of the provisions of section 42, he shall be liable to be punished wih a futther fine which may cxtendto one hundred rupees for every day during which the contravention is continued after the first contravention. 88. Recovery of Market dues Whenever any person is convicted of any offence punishabIe under this Act, the Magistrate shall in addition to any fines which may be imposed, recover summarily and pay over to the Market Committee the amount of fees or any other amount due Erom him under this Act, arruIes or bye-laws made thereunder and may, in his discretion, also recover and pay over to the Market Committee the costs of the prosecution. THE NRGALAND AGRICULTURAL PRODUCE MARKETING (DEVELOPMEKT AND REGIJLATION) Acr. 2005 39, Cognizance of offences (1) Nocourtshall take cognizance of any offence punishable under this Act or any rule or any bye-laws made thereunder except on the complaint made by the Deputy Cornmissioner or the Chairman, Secre~ary of theMarket Committee or of any person duI y authorized by the Market Committee in this behalf. CONTROL 90. Inspection of Markets and inquiry into the affairs of Market Committee (I) 'l'he Direclor Member Secrehuy may: (a) inspect w cause to be inspected the account and office of the Market Committee ; (b) hold inquiry in to the affairs of a Market Committee; (c) call from a Market Committee, return, statement, accounts or reports which he may think fit to require such committee to finish; (d) require a Market Committee to take into consideration: (I) any objection onthegroundofjllegaIity,inexpediencyor impropriety which appears to him to exist to the doing of anything which is a b u t to be done or is being done by or on behalf of such committee; or (ii) any information he is able to furnish and whch uppears to him to necessitate the doing of a certain thing by such committee; (e) direct that anything which is about to be done oris being done should not be done, pendingconsideration of the reply, and anything which shouId be done but is not being done should be done within such time as he may h t . (2) When lhe affairs of a Market Committee are investigated under this section or the proceeding of any Market Committee m examined by the Dm tor under section 96, the Chairman, Secretary and d I other Offscers and servants and members of such Committee shall furnish such information -in their possession in regard to the affairs or proceeding of the Market Committee as the Director, or the officers authorized as the case may be, may require. (3) Any Officer investigating the affairs of Market Committee under subsection (1) or the State Government examining the proceeding of any Market Cornmiltee under section 98 shall have the power to summon and enforce the attendance of officers or members of the market committee and to compel them to give evidence and to produce documents by the same means and as far as possible in the same manner as is provjded in the case of a Civil Court by the Code of CiviI Frocedure. 1908. Where the Director/ Member Secretary has reason to believe that the books andmords of amarketcommittee are likely to k, tampered with or destroyed or the funds or property off, Market Committee are likeIy to be misappropriated or misapplied, the Member Secretary may issue order directing aperson duly authorized by him in writing to seize and take possession of such books and records, funds and property of the Market Committee and the af5cer or oficers of the Market Committee responsible for the custody of such books, records, fund and property s h d give delivery thereof to the person so authorized. 91. Powers to Remove a member of the Market Committee (I) The Board may remove a member or Chairman of the committee where it is of the opinion that he: (a) has been guilty for misconduct or gross negligence of duty as member or Chairman. (b) ceases to hold the qualifications necessmy for his being a member or Chairman. (2) No order of removal under sub-section (I) shall be passed unless the person concerned has been given reasonable opportunity of submitting an explanation in respect of the allegations against him. (3) The Board may suspend any member or Chairman of a Market Committee, who has been served with a notice under sub-section (I) or sub-section (2) as the case may be, and against whom complaints have been received or who commits irregularities after the service of such notice, for a period either from &e date of receipt of complaint or from the date the irregularities come to the notice of DirectorlMember Secretary, till the final decision is taken in his case. 92. Supersession of Market Committee Where ths Board i s of the opinion that a. Mxkct Committee has failed in the performance of j ts functions or. discharge of its duties or has exceeded or abused the powers conferredon it by or under this Act, it may, by notification in the Gazette, supersede the Market Committee. Provided that, no order of supersession' shall be passed unless the Board has afforded reasonable opportunity to the Market Committee of submitting a written explanation in respect of the allegations against it. 93. Consequences of supersession of Market Committee Upon publication of the notification superseding a Market Committee under section 92, Ihe following consequences shall ensue; ji) all the members including the Chairman of the Market Committee shall, as from the date of publication of the notification, be deemed to have vacated their ofices; (--) the State Government& oard shdl direct that it steps bc takcn for constitution of a new Market Committee under section 14 and ti11 such time a new Market Committee under section 14 is constituted as aforesaid, the Board shall make such arrangements for carrying out the functions of the market committee as it may deem fit for the period not exceeding six months and may, for that purpose, direct that all the functions, powers and duties of the Market Committee and its Chairman, under this Act, shall be perfomed, exercised and discharged by such person or authority as the Board may iippoint in this behalf and such person or authority shall be deemed to be the Market Committee or Chairman, as the case may be. 94. Supersession of the Board Where the ShteGovemment is of the opinion that theBoard has faded in the performance of its functions or discharge of its duties br has exceeded or abused the powers conferred on it 6y or under this Act, it may, by notification in the Gazette, supersede the State Agrrcultural Marketing Board. Provided that no order of supersession shall be passed unless the Government has afforded reasonable opp~tuni ty to the Board, of submitting a written explanation in respect of the degations against it. 95. Consequences of Supersession of Board Upon publication of the notification superseding a Board under Section 94, the following consequences shall ensue: (I) all the mernben including he chairman of the ~ o a n l shall: ' from the date of publication of the notification be deemed to have vacated heir offices; and (2) the State Government shall direct that steps be taken for constitution of a new Board under this Act and till such THE NAGALAND AGRICLILTURAI,PRODUCE MARKETING (DEVELOPMENT AND REGULATION) Acr, 2005 time a new Board under Section 62 is constituted as aforesaid, the State Government shall make such arrangements for carrying out the functions of the Board as it may deem f i t for theperiod nut exceeding six monhs and may, for that purpose, direct that a11 the functions, powers anddutics of the Board and its Chairman, under this Act, shall be performed, exercised and discharged by such person or Authority as the State Government may appoint in thisbehalf andsuch person or Authority shall beckemed to be the Board or Chairman, as the case may be. 96. Powers of Director or Member Secretary to direct Market Committee for amending byelaws (I) If i t appears to the Direc torlMember Secrelary that it is necesssuy orexpedient in the interest of a market or Market Committee to make nny bye-Iaw or to amend any bye law, hc may, by order, require the Market Committee concerned tomake thebye-laws orthe amendment of rhe bye-law within such time as he may sspecify in such order. (2) If theMarket Committee fails to makc such bye-laws or such amendment of the bye-lows withn Ihe time spcd fied, the DirwtorlMember Secretary may, after giving t l ~e Miket Committee a reasonable opportunity of king heard, by m ordermakesuch bye-law or such nmcndmerlt of the bye Iaw and thereupon, subject to any order under sub-section (3), such bye-law or such arnendmcnt of the bye-law shall be deemed to have been made or amended by the Market Committee in accordance with the provision of lllis Acr or the nrlesmade thereunder and thereupon such bye-law or amendment shall bebinding on Lhe Market Committee. (3) An appeal shall lie to the State Government for any order of the DirectorNember Secretary under sub-section (2) within thirty days frornthe date of such order and decision of the State Government on such appeal shalI be final. 97. Power of the DirectorlMember Secretary to prohibit execution or further execution of resolution passed or orders made by the Market Committee ( 1 ) TheDirectorMemberSecretarymay,ofhiso~motionor on report or complaints received, by order, prohibit the execution or further execution of a resolution passed or order ma& by theCommitteeorits Chairman oranyof\tsOfficers or servanb, if it is of the opinion that such resolution or order ispjudicial totljepubIicin~t, oris likely tohinderefficient running of the business in any market area, principd market yards or sub-market yard or is againstthe provisions of this Act or the rules or bye-laws made thereunder. When the execution or further execution of aresolution or order is prohibited by an order made under subsection(l) andcontinuing in force, it shall bethe duty of the Committee, if so required by the DirectorlMember Secretary to take such action which the Committee would have k e n entitled to take if the resolution or order had never been made or passed and which is necessary for preventing the Chairman or any of its officers or servants from doing or continuing to do anything under the resolution or order. 98. Power to call for proceedings or Market Cnnimittee by Member Secretary (I) The Direc torMcmber Secrewy m y , on his own mob on, or on an application made to him, caU for and exmine the proceeding of any Mnrkct Committee and the State Government may of its own motion oran application made to it, call for and examine the procccdings of the Dil-eclur or Member/Sec~tiu;.: for tlte purpose of satisfy ling himel f or itself as the case may be, as to the legality or propricty of any decision taken or order passed and as to the regularity of the proceedings of the Committee or the DireclorMember Secretary, as the case may be. If in any case, i t appears b the Direc torMernber Secretnry or the State Government that any such decision 01. order 01. proceeding so called for should be modified, ;1111iulled, reversed, ,or l-emitted for reconsideration he or it may pass such order thereon as he or it may deem fit. Provided that every application to the State Government for the exercise of the powers under this section shall bc preferred within sixty days from the date on which the decision or order to which the application relatcs was communicated tothe applicant: Provided further thal, no such order shall be passed under sub-section (1) without giving a reasonabIe opportunity of being Iletud tu thc parties affected thereby. (2) The State Gove~nrnent .may suspend the execution of rhe decision taken or- order passed by the market comniittee Directormember Secretary, pending the exercise of i is powers under subsection (1). 99. Liability of Chairman, Members and employees for loss, mzte or misappropriation ( I ) If in the course of inquiry or inspection under section 89 or i n the course of audit under this Act, it is found that any person who is or was entrusted with the management of Market Committee or any deceased, past or present Chairman, Member, officer in-charge of Market Committee, Secretary or any other offscer or employee of Markct Committee or an officer of the State Government has made or directed by assenting w concurring or participating in any afirmative vote or pmeding related thereto, any payment or application of any money or other property belonging to, or under the control of such Committee to any purpose contrary to the provisions of t h s Act or rules or bye-laws made Ihereunde~- or has caused any deficiency or loss by gross negligence of misconduct or has misappropriated or fraudulently retained any money or otherprope~ty belonging to the Market Committee, the DirectorlMember Secretary may, on his own motion or on the application of the Market Cornmi-, inquire by or direct any officer subordinate to him duly authorized by him by an order in writing in this behalf to inquire into the conduct of such person within two years of the date of report or audit, inquiry or inspection as the case may be. (2) If on inquiry made under sub-section (1) the Director is sutisfied that these art: good grounds for an order under this sub-section he may make an order requiring such person, or in the case of a deceased person, his legal representativt: who inherits his estate, to repay or restore the money or property and any part thereof, with interest at such rate, or to pay contributjon and costs or compensation to such extent ns thc Dircctor/Membe~ Secretary may considerjust and equi table: Provided that PO order under this sub-section shall bc made unless the person concerned has been given a reasonable opportunity of being heard in the matter. Provided further that the 1iabiIity of a legal representative of the deceased shall be to the extent of the property of the deceased which is inherited by such legal representative. (3) Any person aggrieved by an order made under sub-section (2) may, within chrrty days from the date of communication of the order to him, appeal to the State Government and the order of the State Government shall be final and conclusive: Provided that in cornpuling the period of limitation the ti me required for obtaining a copy of the order a p p led against shall be excluded. (4) No order passed under sub-section (2) or sub-section (3) shall, be called in question in any Court of law. (5) Any o1+dermadeundersub-section(2)orsub-section(3) shall, on the application of the Dkctor bc cnfo~ed by any Civi 1 Court havi~~!, !t-v.-;tl j~uisdiction in the samemanner as if it were adecree of such court, or any sum directed to .be paid by such order may be recovered. (6) If the Director is satisfied on affidavit, inquiry or othenvise, that any person with intention to delay or obstrucr the enfoxement or any order thac may be passed against him under this section is about to dispose of the whole or any part nf his property, or is about to remove the whole or any part of his property from the State, he may, unless adequate security i s furnished, direct, the conditional attachments of the said property or such part thereof as he thinks necessary and such attachment shalI have the same efkct as it may by acompetent CiviI Court. 100. Po\ver of the State Government to amend schcduIc The State GovZrnment may, by notification, add or amend or delete any of h e items of agricultural produce s ~ c f i e d in the~cheduk and thereupon the Schedule shall be dcerned to have been amended accorclngly. Provided that no notification sl~all be issued under this section without giving in the Gwerte previous notice of not less than 45 days as the State Government m y consider r~asonable of its jnten tion to issue such notificatron. 101. Power of the State Government to give directions ( I ) The State Gobemmcht may give directions to the Board and Market Cornmi ttccs. (2) The Board and the Market Committees shall be bound to comply with directions issued by the State Government under sub-section(]) of ttus section. 102. Recovery oE Sums due to BoardlMakket Committee Any sum due to a Market Committee or the Board on account of any charge, costs, expenses, fees, rent or any other account under the provision of h s Act or any rule or bye-Iaws made thereunder shall be recoverable as a11wrs of land revenue. 103, Chairman, Members, Member Secretary, Officers and other servants of the Board and Market Committee to be public servants. . The Chairman, Members, Member Secretary, other officers and sewmints of the Board, and the Chairman, the Members, Secretary and other servants of h e Market Committee shall be deemed to be public servants within the meaning of section 2 1 of Indian Penal Code, 1860, (No. 45 of 1860) 104. DeIegation of powers (1) The State Government may delegate to the Board or an oficer of the State Government not below the rank of Director any of the powers conferred on it by or under the Act othwthan the powers to make rules under spc~ion 109. (2) TheDirector may delegate any of his powers to any Officer of the State Government not below the rank of officer of Class -11 Cadre. 105. Bar to civil suits and protect ion to persons acting in gwd faith No suit, prosecution or legal proceedings in respect of anything done in good faith or intended to be done under this Act or rules or bye-laws made thereunder, shall lie against the Director/Member Secretary or Officer of the State Government or against the Board or any Market Committee or against any officer or servant of the Board or any Market Committee or against any person acting under and in accordi~nce with the directions of the Director/ Member Secretary, such officer, or such Committee. 106. Bar to suits in the absence of notice .Notwithstanding anythlng contained in any section of any Act, no suit shall be instituted against the Board or any Market Committee, until theexpiration of two months next after notice in writing stating thecourse of action, name and place of abode of the intending plaintiff, and rhe relief which heclaims hakndeliveredorleftatitsoFFrce.Every such suit shalI bedismissed unless it is instituted within six months from the date of occurrence of the alleged cause of action. 107. Duty of the Local Authority to give information and assistance It shalI be the duty of every Local Authority to give all the necessary information in the possession of or under the contml of its office^^, torhe MarketCammi~oritsofficers authorkcdin thatbehalf, relating to themovement of notified agricultural produce into and out of the area of the Local Authority, free of anycharges. It shall also be the duty of every Local Authority and its officers and staff concerned with the coIIection of octroi to give all h e possible asdstance to any officer of the Market Cornmi t tee in exercising his powers and discharging h ~ s duties under this Act. 108. Act not to be invalidated by infirmity, vacancy etc. No act done or proceeding taken under thjs Act by the Board, by a Market Committee or a sub-committee appointed by the Board shall be invalidated merely on the ground of : (i) any vacancy or defect in the constitution of the Board or sub-committee or any defect or irregularity in the appointment of a person acting as a Member thereof; or (ii) any infirmity or defect or irregularity in such Act or pruceeding. RTJI ,ES AND BYE-LAWS 109. Pon,er to make rules ( 1 ) The State Government may, after previous publication, make rules for carrying out the purposeq of this Act. (2) In particular and without prejudice to the genemlity of the fnregnj ng power, such rules may provide for (i) other manners of pubIication of notification under Section 3 (1); (ii) fjxafion of quantity of sale under sub-section (2) of section 39; (iii) the powers ro be exercised and the duties to he performed by the Marker Committee and its Chairman; (iv)(a) the procedure and quorum at a meeting of Market Committee; md (b) t he form in which accourit ofpurchases and processing of agricultu~e produce id be maintained; (v) the rnmtnugcmcnt of ma ket , r he procedure for recovery of 1nru4ket fees, fine for evasion of market fees and manner for assessment of market fees in default of funislung rctum; (vi)classificalion of markct functionaries forgrant of licences, regulation of liccnccs under this Acl, the persons required to take out Iicences, the forms in which, and terms and conditions subject to which, such licences shall be issued or renewed; (vii) the provisions for the persons by which and the forms in which copies of documents and entries in the books of the Market Committee may be certified and the charge to be levied for the supply of such copies; (viii) the kind and description of weights and measures and the weighg and measuring instmrnents which s ha11 be used in the transactions in the notified agricultural produce in a market yard; the periodical inspection of all weights and measures and the wei@ing and measuring instruments in use in a market yard; (ix)the trade allowance which may be made or received by any person in any transaction in the notified agricultural produce in a market yard; (x) facilities for the settlement of any dispute between a buyer and seler of notified agricultural produce or their agents including disputes regarding the quality or weight of the articles, payment in respect of the prick! Ggoods sold and the allowances for wrapping, containers, dirt or impurities or deductions for any cause by mediation, arbitration or ohenvise; (xi) the provision of accommodation for storing any agricultural produce brought into the mat'ket; (xii) the preparation of plans and estimates for works proposed to be constructed partIy or wholly at the expense of the Market Committee, and the grant of such plans and estimates; (xiii) the foms in which the accounts of aMarket Committee shal I he kept, the audit and publication of such audit and the inspection of audi t memoranda of the account and supply of such memoranda; (xiv) the preparation and submission for sanction of the annual budget and the repoll and returns to be furnished by a Market Committee; (XV) the time during which and the manner in which a trader or commission agent shall furnish such returns to a Market Cornrnitcee as may be required by it; (xvi) the regulation of advance, if any given to agricdturists by commission agents or traders; (xviil the grading and standardization of the agr icdtd produce; (xviii) the keeping of maids of arrivals and prices of agricultural produce; (xix) the manner in which auctions of agncultud produce shall be conducted and bids made and accepted in amarket; (xx) the recovery and disposal of fees leviable by or under hs Act; (xxi) compounding of offenccs and f-g compensalion thereof, under this Act or rules or bye-laws made thereunder; (xxii) manner of constitution of State Agricultural Marketing Services; (xxiii) recruitment, qualification, appointment, promotion, scale of pay, leave allowance, acting allowance, loans, pension, gratuity, annuity, compassionate funds, dismissal, removal, conduct, departmental punishment, appeals and other service conditions of the members of the State Agriculture Marketing services; (xxiv) limit of expenditure which may be incurred on reception of distinguished guests; (xxv) limits of honorarium to Chairman, traveling alIowmces to Members and sitting fees payable to Members for ... attending the meetings; (xxvi) manner of invesbnent of surplus in the Market Cornmi fuod; (xxvii) pmedure forhming of bye-laws, their amendments or canceIliition and for their previous and final publication; (xx vi ii) classification of Market Commit tees on the basis of annuaI income for all or any of the purposes of this Act; (xxix) terns of the office of the Chairman, and Members of the Board; (xxx) the powers to be exercised by the Chairman and the Member Secretary of the Board; (d) all matters required to bc prescribed by rules, under this Act; (xxxii) mode of services ofnotice under this Act; (~xxj i i ) generd guidance of the Market Committee. ( 3 Inrnalringanyrules,theStateGovernmentmayrlirectthat breach thereof shall be punishable with fine which may extend to two hundred rupees. (4) Every rule made under thjs Act shaIl be laid, as soon as may be, before the Legslative Assembly which shall have the power to amend or annul any rule by arnotion doptcd in that behalf. 110. Power to make bye-laws (I) Subject to the provisions of this Act and the rules made thereunder, a Market Commi ttce may, in respect of a marketing area under its management, make byelaws for: (i) the regu tation of business of the market committee; (ii) the conditions of trading in a market m a ; (iii) the delegation of powers, duties and functions to the aficers and servants, appointment, pay, punishment, pensions, gratuities, leave, leave allowances, contributions by them to any provident fund which may be established for the benefit of such officers and servants and other conditions of service; (iv) the delegation of powers, duties and functions to a sub-committee, if any; THE NAGALAWD AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND ~ G V U ' O N ) ACT. 2005 (v) the market functionaries who shall be required to take licence; (vi) any other matters for which bye-laws are to k made under this Act or it may be necessary to frame bye-laws for efftktive implementation of the provisions of this Act and the rules made thereunder in the market area. (2) No bye-law under sub-section (1) of this section shall take effect until it has k e n approved by the Memkr Secretary. (3) In making any bye-laws, the Market Committee may q t that a breachthereof shall be punishable with fine which may extend to one hundred mpes and where the breach is a continuing me wi th an additionaI fine which may extend to ten rupees per day. REPEAL AND SAVXNGS 111, Repeal and Savings (1) The Nagaland Agricultural Roduceuarketing (Regulation) Act, 1985 is hereby repealed. (2) Notwithatmding such re@, (i) anything done or any action taken (including any appointment, delegation or declaration made, notification under rule, direction or notice issued, bye-laws framed, market area, markets, sub-markets and yards declared, !lit, established or notified, licenses granted, fees levied and colIected, instruments executed, any fund established or constituted) by or under the provisions of the repealed Act shall in so far i t is not inconsistent with the provision of this Act, be deemed to have been done or taken under the comsponding provisions of this Act and shall continue to be in foxe unless and until superseded by anythrng done or any action taken under this Act; [ii) the Chairman and Members of any Market Committee constituted under the repealed Act shall continue in office until the expiry of their term or until a Market Committee is constituted in accordance with the provisions of this Act, whichever is earlier: Provided the State Government may at any time by a notification dissolve a market committee constituted under the repeaIed Act. 112. Power to remove difficulty The StateGovemment shall have powers to make suitable orders as may be necessary to remove any difficulty arising in implementation of this Act.