Mizoram Market (Regulation and Facilitation) Act, 2022 (Act No. 5 of 2022)

The Mizoram Gazette EXTRA ORDINARY Published by Authority VOL -LI Aizawl, Thursday 31.03.2022 Chaitra 10, S.E. 1944, Issue No. 184 RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 NOTIFICATION The following Act is hereby published for general No. H.12018/261/2021-LJD, the 29th March, 2022: information. "The Mizoram Market (Regulation and Facilitation) Act, 2022" (No. 5 of 2022) (Received the assent of the Governor of Mizoram on 15.3.2022) Secretary Law & Judicial Department, Govt. of Mizoram. THE MIZORAM MARKET (REGULATION AND FACILITATION) ACT, 2022. AN ACT to provide for the establishment, management and regulation of price of agricultural produces in the markets within the State and for matters connected therewith. WHEREAS it is necessary to protect the economic interest of the native marginal farmers engaged in the production of agricultural produces of the land within Mizoram from unhealthy marketing competition; AND WHEREAS it is expedient to regulate the price of the agricultural produces in order to have an affordable price for consumers within Mizoram; It is enacted by the Legislative Assembly of the State of Mizoram in the Seventy Third Year of the Republic of India as follows CHAPTER-I PRELIMINARY (1) This Act may be called the Mizoram Market (Regulation and Facilitation) Act, 2022. 1. Short title, extent and Commencement. Ex-184/2022 -2 (2) It shall extend to the whole of the State except to the three Autonomous District Councils of Mara, Lai and Chakma. (3) It shall come into force from the date of publication in the Official Gazette. In this Act, unless the context otherwise requires (1) agriculture produces" means all the fresh/processed or chilled or dried fruits, vegetables and meat as specified in schedule -I of this Act. 2. Definitions. (2) "Collector" means any successful bidder who is appointed for collection of market revenue by the Government. (3 "Department" means the Department of Commerce & Industries. (4) "Director" means the Director of Commerce & Industries Department. (5) "Government" means Government of Mizoram. (6) market" means any market owned by the State Government or private entity or any other agencies and places/stalls/shops where people gather to buy and sell fruits, vegetables and meat within Mizoram. (7) "Marketing Officer" means any Officer so appointed by the Government for the purpose of this Act. (8) "Schedule" means schedule as specified in this Act. (9) "State" means the State of Mizoram. 3. Price regulation of meat, (1) The maximum retail price of agriculture produces at markets shall be vegetable and fruit. fixed and notified by the Government from time to time as may be required. (2) No person shall sell agriculture produces at markets above the maximum retail rate fixed and notified by the Government. (1) All markets within the State shall be under the control of the Government in matters of healthy and hygienic guidelines issued by 4. Power of the Government to regulate the State Government. market. (2) No person or any agency shall without prior approval of the Government start any new market. (3) The Government shall have the power to allot and cancel seat/ stall in the markets owned by the State Government for selling any commodity as per terms & conditions laid down by the Government from time to time. (4) All markets owned by private or any other agencies other than the State Government shall apply for registration on payment of fees as prescribed by the Government. (5) The Government shall have power to collect seat/stall rents and revenues in any market owned by the State Government according to the rates as prescribed in consideration of the locality of the market. (6) Pricing of agricultural produces shall be maintained and sold in terms of weight as prescribed by the Government. 3- Ex-184/2022 (7) Collection of stall rents from markets owned by the State Government shall be done by the Government officials empowered in this behalf. (8) The Government shall have power: (a) to sanction the establishment of any market; (b) to close any market in the public interest, if it is found necessary; (c) to declare and define the area of any market within Mizoram. (9) Collection of market revenue (a) the Department shall notify the date, hour and place, in a manner it considers fit, for the collection of market revenue by public auctions (b) the Department shall in no way be bound to accept the highest or any of the bids and shall have the right to accept or reject any of the bids without assigning any reason; (c) the Department shall have power to cancel a bid already accepted for default of payment of bid amount by due dates and re-auction the market or accept another bidder; (d) the Department shall have the power to fine a collector to the extent of 10 per cent of due bid amount for default of timely payment; (e) a collector is liable to pay the money within stipulated time as prescribed by the Government; (1) the Department sirall also have the power to make arrangement for collection of market revenue without public auction if it is found necessary. (10) No person shall keep, stock or sell any articles prohibited by the Government within the premises of market or markets owned by the State Government. (11) No person to whom seat, shop or stall is allotted in any market owned by the State Government shall sub-let or sell to any other person. (1) The Government may make order and authorize officers or persons or agencies for carrying out the purpose of this Act. (2) The Government may authorize any officer to be in-charge of any market or markets. Authorized persons to impose this Act. 5. (3) Any officer, authorized by the Government shall be responsible for oth and efficient running of the market under his charge. (4) It will be general duty of the officer to supervise the market or markets under his charge and to see that the best interest of the selling and buying of public is served. (5) For the purpose of this Act, the Director or the officer authorized by him may issue order from time to time on matter vitally connected with the smooth and orderly running of the market or markets according to the needs of the locality. Ex-184/2022 4 CHAPTER-II PENALTY 6. Penalties. - (1) Any person who contravenes sub-section (1) of section 4 shall be liable to cancellation of market registration and closing of market or markets upon giving one month notice in writing. (2) Any person who contravenes sub-section (2) of section 3, sub section (2), sub-section (4) and sub-section (6) of section 4 shall be (a) liable to be punished with a fine which may extend up to Rs. 1,000/- (Rupees one thousand) or simple imprisonment for a term not exceeding 3 (three) months or with both; (b) liable to cancellation of his/her seat/stall for those running business under market owned by the State Government; (c) liable on forfeiture of the agricultural produces held by him/her. (3) Any person violating sub-section (10) of section 4 of this Act shall be tried by a competent criminal court having jurisdiction and punishable under existing appropriate laws, rules and acts for the time being in force. (4) Any person who contravenes sub-section (11) of section 4 shall be (a) liable to cancellation of his/her seat/stall tor those running business under market owned by the State Government; (b) liable to be punished with a fine which may extend to up to Rs. 20,000/- (Rupees twenty thousand) or imprisonment for a term not less than 3 (three) months which may extend to 1 year or with both. (5) Any order issued under sub-section (1) and sub-section (5) of sec tion 5 shal be strictly observed and any person violating such order shall be liable to be prosecuted in a criminal Court under Section 188, Indian Penal Code (6) Any person who resists the Government decision under clause (b) of sub-section (8) of section 4 shall be liable to be prosecuted in a criminal Court under Section 188, Indian Penal Code. CHAPTER-III MISCELLANEOUS (1) Any person authorized to impose and collect fines, seat/stall rents, etc. under this Act shall maintain proper records of all fines, seat/ stall rents, etc. imposed in a separate register and such record shall include all the details specified in the Receipts/ Challan as prescribed under schedule - II of this Act. 7. Records of fines, seat/ stall rents, etc. 8. Deposition of fines, seat/stall rents, etc. and (1) The authorized persons shall submit fines, seat/stall rents, etc. collected under sub section (4), (5) and (9) (d) (f) of section 4 and sub-section (2) of section 6 to the Department along with all the amount realized from forfeited agriculture produces. records maintained on the last working day of every month 5 Ex-184/2022 (2) Any amount realized from the disposal of such forfeited agricultural produces shall be paid to the Department as revenue. 9. Protection of action taken in good faith. (1) No suit, prosecution or other legal proceeding shall lie against any person authorized under this Act for anything which is done or intended to be done in good faith under this Act. 10. Act not in derogation of any other law. (1) The provision of this Act shall be in addition and not in derogation of the provisions of any other law for the time being in force. (1) Ifany difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make provisions not inconsistent with the provisions of this Act which appear to it to be necessary or expedient, for removing the difficulty. (2) Every order made under this section shall be laid before the Legislative Assembly. (3) If any difficulty arises in respect of opening market place in times of crisis, such as disaster, epidemic, etc., not inconsistent with the provisions of any other law for the time being in force, the Govern ment may, by order to the public, make provisions for removing the dificulty. 11. Power to remove difficulties. (1) The Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act. (2) Every rules made under this Act shall be laid before the Legislative Assembly. 12. Power to make rules. sCHEDULE-I See sub-section (8) of section 2) S1. No. Name of Item A. VEGETABLES Scientific Name English Name Mustard Local/ Common Name Brassica Rapa Brassica Rapa Brassica Rapa Brassica Rapa Brassica Rapa Hibiscus 1. Antam French Mustard Feren a) b) Mustard Tampui Tamkawr Mustard Mustard Kauphek Anthur d) Roselle 2. Solanum Nigrum Vigna Unguiculata Phaseolus Vulgaris Solanam Melongena Trichosanthes Cucumerina Anhling BehlawiHnah Black Night Shade Cow Pea Leaf 4. Bean 5. Bean Bawkbawn Brinjal . Berul Snake Gourd 7. Abelnoschus Lady Finger Cow Pea b. Bawrhsaiabe Vigna Unguiculata 9. Behlawi Rah Ex-184/2022 6 10 Changkha Changkhahnah Capsicum Annum Momordica Charanti Bell pepper Bell pepper 11. Bitter Gourd 12. Bitter Gourd Leaf Momordica Charanti 13. Carrot Daucus Carota Savitus Carrot 14. Zanthoxylum Budrunga Chingit Chakawk Indian Prickly Ash 15. Colocasia Esculenta 16 Fanghma Dawlzik Taro 17. Cucumber Cucumis Sativus 18. Green Peas Green Peas Pisum Sativum Cucurbita Squash Squash Leaf 19. Iskut 20 Iskut hnah Cucurbita 21. Knol khol Knol khol Brassica Oleracea CentellaAsiatica Indian Pennywort Pumpkin Pumpkin Leaf Small Pumpkin Ash Gourd 22 Lambak 23. Mai Cucurbita 24. Maian Cucurbita 25. Maite Cucurbita Maipawl Maitamtawk Benincasa Hispida Momordica Dioica 26. Spine Gourd Mushroom 27. Agaricus Bisporas Clerodendrum Glandulosum 28. Pa 29. Phuihnam Clerodendrum 30. Parbawr Cauliflower Brassica Oleracea GnetamGnemon Joint Fir Radish 31. Pelhhnah Raphanus Sativus Senna Occidentalis 32. Radish Coffee Senna Rengan Sawhthing 33. Ginger Bitter Berry Zingiber Officinale Prunus Virginiana Passiflora Edulis 34. 35. Samtawk 36. Saptheihnah Passion Fruit Leaf Samtawkte Bitter Brinjal SolanumGilo 37. 38 39 40 Thingthupui Tomato (Greenhouse) Tomato (Open) Zikhlum Solanam Lycopersicum Solanam Lycopersicum Brassica Oleracea Tomato Tomato Cabbage Tree bean 41. Parkia Roxburgii 42 Zawngtah 43. Khanghu B. SPICES Scientific Name Engiish Name Shadow Benin Local/Common Name Eryngium Foetidum 1. Bahkhawr 2 Bakkhate Capsicum Frutescent Capsicum Dhania Capsicunm Dhania Hmarchapui Hmarchate Chilli Mizo Chilli Capsicum Frutescent Capsicum Frutescent Allium Cepa 5. 6. Onion Root Purunzung Pardi 7 Pardi 8. Ginger Zingiber Officinale Sawhthing Ex-184/2022 -7 C. FRUITS Scientific Name Local/Common Name Assam lemon English Name AssamLemon Citrus . Musa Banana 2. Balhla Cocos Nucifera Coconut Hylocereus Undatus Phylanthas Emblica Litchi Chinensis 3. Coconut Dragon fruit Kawl Sunhlu Dragon fruit Burmese Gooseberry 5. Theifeihmung Litchi 6. Annus Comosus Pineapple Passion fruit Tamarind . Lakhuihthei Passiflora Edulis Sapthei Tengtere Theihai Tamarindus Indica Mangifera Indica Carica Papaya 9. Mango Papaya 10. 11. Thingfanghma Citrullus Lanatus Water Melon 12. Dawnfawh Theibuhfai Panica Granatum Pomegranate Grape Apple Starfruit 13. Vitis Vinifera Grape Apple Pyrus Malus Averrhoa Carambola 14. 15. 16. Theiherawt D. MEAT Bawngsa(Beef) Kelsa (Chevon) Vawksa(Pork) Arsa (Chicken Boiler) TualAr 1. . . . Sangha (Fish) Kaikuang (Prawn) Chengkawl (Snail) Chakai (Crab) 6. 7. 8. 9. Ex-184/2023 8 SCHEDULE-II Government of Mizoram RECEIPT/ICHALLAN Book No. Receipt No. Received (Rupees from Mr/Mrs/Miss S/o/D/o R/o 1. On account of contravention of ; sub-section (2) of section 3; sub-section (2), (4), (6) and (11) of section 4, 2. on account of fines, seat/stall rents, etc. of: sub-section (4), (5) and (9) (d) (f) of section 4 of the Mizoram Markets (Regulation and Facilitation) Act, 2022 at on Dt. Payee Authorized person Signature Name: Name:. Designation: Add: Add: Ph No: Ph No: Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. Ci200