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1

L. A. BILL No. LXIV OF 2018.

A BILL

further to amend the Maharashtra Agricultural Produce Marketing (Development

and Regulation) Act, 1963.

WHEREAS both Houses of the State Legislature were not in session ;

AND WHEREAS the Governor of Maharashtra was satisfied that

circumstances existed which rendered it necessary for him to take immediate action

further to amend the Maharashtra Agricultural Produce Marketing (Development

and Regulation) Act, 1963, for the purposes hereinafter appearing ; and, therefore,

promulgated the Maharashtra Agricultural Produce Marketing (Development and

Regulation) (Third Amendment) Ordinance, 2018, on the 25th October 2018 ;

AND WHEREAS it is expedient to replace the said Ordinance by an Act of the

State Legislature ; it is hereby enacted in the Sixty-ninth Year of the Republic of

India as follows :—

Mah.

XX of

1964.

Mah.

Ord.

XXIV of

2018.

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 4, +ÆEò 76(2)]

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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 146

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

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ʴɦÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

RNI No. MAHENG/2009/35528

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Maharashtra Agricultural Produce Marketing (Development and Regulation)

(Third Amendment) Bill, 2018 (L. A. Bill No. LXIV of 2018), introduced in the Maharashtra

Legislative Assembly on the 19th November 2018, is hereby published under the authority of the

Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

¦ÉÉMÉ +É`ö--146--1

(1)

2

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1.

(1) This Act may be called the Maharashtra Agricultural Produce Marketing

(Development and Regulation) (Third Amendment) Act, 2018.

(2) It shall be deemed to have come into force with effect from the 25th October

2018.

2.

In the long title of the Maharashtra Agricultural Produce Marketing

(Development and Regulation) Act, 1963 (hereinafter referred to as ‘‘the principal

Act’’), after the words ‘‘certain other produce’’ the words ‘‘ and livestock’’ shall be

inserted.

3.

In section 1 of the principal Act, in sub-section (1), for the brackets and

words ‘‘(Development and Regulation)’’ the brackets and words ‘‘(Promotion and

Facilitation)’’ shall be substituted.

4.

In section 2 of the principal Act, in sub-section (1),—

(a) in clause (a), for the words “animal husbandry” the word “livestock”

shall be substituted ;

(b) in clause (b),—

(i) after the words “which has not been processed” the words

“including rearing of livestock and also includes the association of farmers,

by whatever name called, registered under any law for the time being in

force and is engaged in aggregation of member farmers’ produce including

livestock” shall be inserted ;

(ii) after the words “engaged in the production or growth of agricultural

produce” the words “including rearing of livestock” shall be added ;

(iii) the following Explanation shall be added, namely:—

“Explanation.—If any question arises, as to whether any person

is an agriculturist or not for the purpose of this Act,

the same shall be referred to the Mamlatdar having the jurisdiction of

the area in which such person is engaged in the agricultural activity

and the decision of the Mamlatdar thereon shall be

final ;” ;

(c) after clause (b), the following clause shall be inserted, namely:—

“(ba) “Assaying lab” means a laboratory set up, as specified in the

guidelines issued by Director from time to time, for testing of quality

parameters as per the tradeable parameters or grade-standards ;” ;

(d) in clause (d), after the figures ‘‘ 61” the words, brackets, figures and

letter “ and sub-section (1) or (2) of the section 61A’’ shall be added ;

(e) after clause (d), the following clause shall be inserted, namely :—

“(da) “Cold storage” means an installation intended for the cooling,

freezing and storage for preservation of agricultural produce ;” ;

(f) for clause (ea), the following clause shall be substituted, namely :—

“(ea) “Direct marketing”, in relation to agricultural produce, means

direct wholesale purchase of agricultural produce from the farmers under

Amendment

of long title of

Mah. XX of

1964.

Amendment of

section 1 of

Mah. XX of

1964.

Amendment of

section 2 of

Mah. XX of

1964.

Mah. XX

of 1964.

Short title and

commence-

ment.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 19, 2018/EòÉÌiÉEò 28, ¶ÉEäò 1940

3

contract farming arrangement by the processors, exporters and organised

retail chain operators, outside the principal market yard, sub-market yard,

private market yard and market sub-yard under section 5 of this Act by a

direct marketing licence holder under sub-section (1) of section 5D ;” ;

(g) after clause (e4), the following clause shall be inserted, namely :—

“(e5) “Delineated Market Area” means a geographical area notified

under sub-section (1) of section 4 for the purpose of election of the

members of Market Committee and undertaking marketing related

development therein ;” ;

(h) in clause (f), after the words ‘“means a person’’ the words ‘‘, excepting

Managing Director of Marketing Board,’’ shall be inserted ;

(i) after clause (f-1c), the following clause shall be inserted, namely :—

“ (f-1d) “Export” means dispatch of agricultural produce outside

India ;” ;

(j) after clause (f1), the following clauses shall be inserted, namely :—

“(f1A) “Farmer Producer Company (FPC)” means a company of

farmer producer members incorporated under the Companies Act, 2013

or under any other law relating to incorporation of the Companies ;

(f1B) “Financial year” means the period declared as financial year,

from time to time, by the State Government for the purpose of this Act ;” ;

(k) after clause (fb), the following clause shall be inserted, namely :—

“ (fc) “ livestock” means cows, buffaloes, bullocks, bulls, goats and

sheep, and includes poultry, fish and such other animals, and products

thereof, specified in the Schedule ;” ;

(l) for clause (ga), the following clause shall be substituted, namely :—

“ (ga) “Managing Director” means a person excepting the Director of

Agricultural Marketing, appointed by the State Government, as the

Managing Director of the State Marketing Board under section 39B-1.

However, in case of electronic marketing platform, the Managing Director

shall mean the Chief Executive of the legal person licensed for

commissioning and managing electronic marketing platform, for agriculture

produce including livestock ;” ;

(m) after clause (j), the following clauses shall be inserted, namely :—

“(j-1) “Marketing”, in relation to agriculture produce, means all activities

involved in the flow of agricultural produce from production point

commencing at the stage of harvest till the same reaches the ultimate

consumers viz. grading, processing, storage, transport, channels of

distribution and all other functions involved in the process which is

undertaken by other than producer himself ;

(j-2) “Market Sub-Yard” means warehouse, silos, cold storage or

other such structure or place declared to be market sub-yard or deem to

be market yard under section 5CB ;

(j-3) “Market Yard”, in relation to delineated market area, includes

principal market yard, sub –market yard and market sub-yard in such

18 of

2013.

¦ÉÉMÉ +É`ö--146--1+

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delineated market area notified by the Government and managed and

operated by the Agricultural Produce and Livestock Market Committee ;

(j-4) “Market Yard of National Importance” means the Market Yard

of National Importance referred to in section 5CA of this Act ;” ;

(n) after clause (k), the following clauses shall be inserted, namely :—

“(k-1) “National Agriculture Market (NAM)” means an integrated

market, where, without prejudice to any law for the time being in force,

buying and selling of agricultural produce and activities incidental thereto

are carried out electronically in India possessing marketing utility across

time and space ;

(k-2) “over trading”, in relation to a trader, means trading for the

amount exceeding the value of the agricultural produce purchased at any

point of time vis-à-vis to the amount of security deposited with or the

credit limit cum bank guarantee he has furnished to the Market Committee

or for trading on Electronic Trading Platform ;” ;

(o) after clause (l), the following clause shall be inserted, namely :—

“(l-1) “person” includes individual, co-operative society, Hindu

undivided family, a company, or a partnership firm or an Association or a

body of individuals whether incorporated or not, and Government

organization and non-Government organization ;” ;

(p) in clause (ma), after the words ‘‘private market’’ the word ‘‘yard’’ shall

be inserted ;

(q) after clause (ma), the following clause shall be inserted, namely :—

“(mb) “Processing Unit” in relation to Market Yard means processing

unit declared as a market sub-yard under section 5CB of this Act ;” ;

(r) after clause (n), the following clause shall be inserted, namely :—

“(n-1) “regulations” means the regulations made by the State

Marketing Board under section 39K in accordance with the provisions of

this Act ;” ;

(s) after clause (r), the following clauses shall be inserted, namely :—

“(r-1a) “seller” means a person, including an agriculturist,

who sells or agrees to sell agricultural produce for consideration of price ;

(r-1b) “silo” means silo declared as market sub-yard under section

5CB of this Act ;” ;

(t) in clause (r-1), after the words ‘‘special commodity market’’ the word

‘‘yard’’ shall be inserted ;

(u) after clause (t), the following clause shall be inserted, namely :—

“(ta) “Warehouse” means in relation to Market Yard any building,

structure, or other protected enclosure which is, or may be, used for the

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5

purpose of storing declared agricultural produce, being goods on behalf

of depositors, and includes a warehouse licensed under the Maharashtra

Warehouses Act, or run under the Warehousing Corporation Act, 1962

but does not include a clock room attached to a hotel, railway station, port

or to any premises of a like nature ;”.

5.

In section 4 of the principal Act,

(a) in sub-section (1),—

(i) after the words ‘‘shall be the market area’’ the words, ‘‘and the

area so specified shall also constitute geographically delineated market

area for the purpose of election of members of the Market Committee’’

shall be inserted ;

(ii) the following Explanation shall be inserted, namely :—

“Explanation.—The Market Committee shall not regulate

marketing of agricultural produce and livestock in its delineated

market area. The Market Committee shall enforce regulation on

marketing of agricultural produce and livestock within the principal

market yard, sub-market yard and market sub-yard.” ;

(b) in sub-section (3),—

(i) after the words ‘‘exclude from a’’ the words ‘‘delineated’’ shall be

inserted ;

(ii) after the words ‘‘in any market’’ the word ‘‘yard’’ shall be

inserted ;

(iii) the words “ in the market’’ the word ‘‘yard’’ shall be inserted ;

(c) for sub-section (4), the following sub-section shall be substituted,

namely :—

“(4) The State Government may, by notification in the Official Gazette,

declare in addition to the existing market, a special commodity market for

any market area after considering the turnover and special infrastructure

requirements for marketing of a particular agricultural produce or livestock.

Such market may be —

(i) fruits, vegetables and flowers markets including onion market,

apple market, orange market, raisin market, turmeric market, cashew

market ;

(ii) cotton market ;

(iii) medicinal and aromatic plants market ;

(iv) livestock market including cattle, goat, ship, donkey, horse

market, fish market, poultry market and other such

market ; and

(v) any other such markets :

Provided that, the notifications already issued prior to the

25th October 2018, being the date of commencement of the

Maharashtra Agricultural Produce Marketing (Development and

Regulation) (Third Amendment) Act, 2018, in respect of the existing

principal and subsidiary markets shall remain in force.”.

Amendment

of section 4

of Mah. XX

of 1964.

Mah. of

2018.

V of

1960.

58 of

1962.

6

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6.

For section 5 of the principal Act, the following section shall be substituted,

namely :—

“ 5.

(1) In a State, there may be —

(a) principal market yard or yards managed by the Market

Committee ;

(b) sub- market yard or yards managed by the Market Committee ;

(c) market sub-yard or yards managed by the Market Committee ;

(d) private market yard managed by a person, holding a license under

section 5D ;

(e) private market sub-yard or yards managed by a person, holding

a license under section 5D ;

(f) farmer-consumer market yard or yards managed by the Market

Committee ;

(g) farmer-consumer market yard or yards managed by a person,

holding a license under rule 4D ;

(h) Special Commodity market yard ;

(i) Electronic trading platforms:

Provided that, the notifications already issued in respect of the principal

and subsidiary markets prior to the 25th October 2018, being the date of

commencement of the Maharashtra Agricultural Produce Marketing

(Development and Regulation) (Third Amendment) Act, 2018 shall remain in

force, until expressly modified or rescinded.

(2) The Government shall, as soon as possible after the issue of notification

under sections 3 and 4, by a notification, declare any place in the delineated market

area as principal market yard or sub-market yard or market sub-yard or farmer-

consumer market yard, as the case may be, managed by a Market Committee, for

the purpose of regulation of marketing of agricultural produce and livestock,

expressly or impliedly in physical, electronic or other such mode, under this Act.

Explanation.— In sub-section (2), the expression “place” shall include any

structure, enclosure, open space, locality, street including warehouse, silos, pack

house, quality assaying laboratory, cleaning, grading and packaging and

processing unit vested in the Market Committee of the delineated market area.

(3) The Government may, by notification, declare a “place”, licensed under

section 5D to be private market yard, private market sub- yard, private farmer-

consumer market yard, as the case may be, for marketing of agricultural produce

and livestock, expressly or impliedly in physical, electronic or other such mode,

under this Act.

Explanation.—In this sub-section (3), the expression “place” shall include

any structure, enclosure, open space, locality, street including warehouse,

silos, pack house, quality assaying laboratory, cleaning, grading and packaging

and processing unit vested in the person licensed for the purpose under

this Act.”.

Mah.

of

2018.

Substitution

of section 5

of Mah. XX

of 1964.

Establishment

of various

markets.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 19, 2018/EòÉÌiÉEò 28, ¶ÉEäò 1940

7

7.

After section 5C of the principal Act, the following section shall be inserted,

namely :—

“ 5CA.

Save as provided under sub-section (1) of section 13, the State

Government may, by notification published in the Official Gazette, designate

any existing market yard established under section 5 as “Market Yard of National

Importance” or establish any market as “Market Yard of National Importance”,

after consideration of such aspects regarding marketing of agricultural produce

like total through put, value, upstream catchment area, down-stream number

of consumers served and special infrastructure requirements therefor, requiring

regulation by Market Yard of National Importance and notwithstanding anything

contained in this Act, the regulation of marketing in such Market shall be in the

manner as may be prescribed :

Provided that, the market yard handling not less than such annual tonnage

or such annual value, as may be prescribed, shall be considered for conferring

the status as the “Market Yard of National Importance”:

Provided further that, out of such annual tonnage or such annual value,

30 per cent. may arrive from not less than two other States.”.

8.

After Chapter I-A of the principal Act, the following Chapter shall be inserted,

namely :—

“ CHAPTER I-AA

WAREHOUSE OR SILOS OR COLD STORAGE, ETC.

AS MARKET SUB-YARD.

5CB.

(1) Save as otherwise provided in this Act, the State Government

may, by notification declare warehouse, silos or cold storage or other such

structure or place, having such infrastructure and facilities as may be prescribed,

to function as market sub-yard.

Explanation.—The expression “place” under this sub-section shall include

any structure, enclosure, open space, locality, street including pack house or

cleaning grading and processing unit etc.

(2) The owner of such warehouse or cold Storage, or other such

structure or ‘place’, as the case may be, desirous of declaration of such

place as market sub-yard under sub-section (1), shall apply to the Director

or an Officer authorized by him, in such form and in such manner and such

fee ; and also for such period but not less than three years, as may be

prescribed.

(3) The licensee of such warehouse, silos or cold storage or other such

structure or place may collect user charge on agricultural produce transacted

at the declared market sub-yard at the rate ad valorem not exceeding the rate

as may be notified by the Government :

Provided that, no user charge shall be collected from agriculturist-seller.

(4) A declared market sub-yard licensee shall contribute, fee out of such

user charge collection, to the separate “Revolving Marketing Development

Fund” maintained by the Director at the rate in percentage at par with the fees

levied under sub-section (1) of section 31 by the Market Committee. The Fund

shall be utilized for the purposes and in the manner as may be prescribed for

marketing development of the agricultural produce.”.

Insertion of

Chapter I-AA

in Mah. XX

of 1964.

Declaring

warehouse

or silos or

cold storage

or other

such

structure or

place as

market sub-

yard.

Insertion of

new section

5CA in Mah.

XX of 1964.

Establish-

ment of

Market Yard

of National

Impor-

tance (MNI).

8

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9.

In section 5D of the principal Act, in sub-section (6), after clause (b), the

following clause shall be inserted, namely :—

“ (c) In private market yard, every agricultural produce may be sold either

by public auction or e-auction. When any declared agricultural produce is sold

by public auction or e-auction, in the private market, it shall be sold to the

highest bidder, but the seller may refuse to sell his produce to the highest

bidder or may accept a lower bid or postpone the sale of his produce to a later

hour or date :

Provided that, the seller who exercises the option shall communicate his

decision to the trader concerned before the expiry of the time which the private

market license holder may fix for auction or e-auction sale in the concerned

market.”.

10.

In section 6 of the principal Act,—

(a) after sub-section (3), the following sub-section shall be inserted,

namely :—

“ (4)(a) Save as provided under this Act, all agricultural produce shall

ordinarily be sold in the principal market yards, sub-market yards, market

sub- yards, private market yards or at the electronic trading platforms

licensed under this Act :

Provided that, the agricultural produce may be sold at other places

also to a license holder especially permitted in this behalf under section

5D for direct marketing.

(b) In relation to agricultural produce, nothing in paragraph (a) shall apply

to the following sale and purchase where—

(i) sale is made by the producer himself to any person for his domestic

consumption in quantity up to the limits prescribed under the rules ;

(ii) brought for sale by head load ;

(iii) purchase and sale is made by a petty trader ;

(iv) purchase is made by an authorized fair price shop dealer from

the Food Corporation of India, “the State Commodities Trading Corporation”

or any other agency or institution authorized by the Central Government

or the State Government Administration for distribution of essential

commodities through the public distribution system ;

(v) the transfer of such agricultural produce is to a co-operative

society for the purpose of securing an advance there from ;

(vi) such sale and purchase is of the minor forest produces in the

Scheduled Area as per rules under the Maharashtra Village Panchayats

Extension to Scheduled Areas (PESA) Rules, 2014.

(c) In relation to livestock, nothing in the sub-section (1) shall apply on the

business of purchasing or selling of livestock not exceeding such value, as

may be notified.

(d) The price of the agricultural produce including livestock, brought for

sale into the principal market yards, sub-market yards, private market yards,

market sub-yards shall be settled by tender bid or open auction including e-

auction or any other transparent system and no deduction shall be made from

the agreed price on any account whatsoever from the seller.

(e) Weighment or measurement or counting of all the agricultural produce

so purchased shall be done by such a person and such system as is provided

in the Bye-laws or at any other place specified for the purpose, by the Director

or the person authorized by him.”.

Amendment

of section 6

of Mah. XX

of 1964.

Amendment

of section

5D of Mah.

XX of 1964.

5

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9

11.

After section 6 of the principal Act, the following section shall be inserted,

namely :—

“ 6A.

(1) Except in the commercial transaction between two traders,

any other person who buys agricultural produce in the principal market yards,

sub-market yards, market sub-yards and private market yards or electronic

trading platforms shall execute an agreement in triplicate in case of inter-state

trade and an account slip in triplicate in case of intra-state trade in such form,

as may be prescribed in favour of the seller. One copy of the agreement or

account slip shall be kept by the buyer, one copy shall be supplied to the seller

and the remaining copy shall be kept in the record of Market Committee.

(2)(a) The price of the agricultural produce transacted above rupees two

lakh in the principal market yards, sub-market yards, private market yards,

market sub-yards and in all transaction at E-platforms shall be paid by account

payee cheque, demand draft or any other mode of electronic transfer of money,

such as RTGS or NEFT, on the same day to the seller or in the maximum next

day if procedurally so required but, in such cases of deferred payments, the

buyer must provide security to the Market Committee which operates as his

credit limit which gets dynamically adjusted based on credit transactions and

payment made by the trader. No over-trading shall be permitted in cases of

transactions of deferred payment. Payment on agricultural produce shall also

be made to agriculturist-seller, if sold to the direct marketing licensee, the same

day on the spot or, on real time basis in case of electronic transaction.

(b) In case, the buyer bids for agriculture produce on Electronic Trading

platform, his capacity to bid shall be limited by a dynamic credit limit and the

payment to the buyer shall be debited against this limit through electronic trading

platform. In case, the buyer opts for deferred payment option with consent of

seller or under clause (a), he shall be liable to make additional payment at the

rate of one percent, per day of the total price of the agricultural produce including

livestock, payable to the seller within five days. In such cases, the dynamic

credit limit will be reduced taking into account the amount of additional payment

so as to ensure that no over-trading is allowed.

(3) Commission agent shall recover his or its commission through

electronic fund transfer or by DD or account payee cheque from his or its

principal trader at the rate not exceeding three per cent.ad valorem on transacted

non-perishable agricultural produce ; while in case of perishable agricultural

produce, it shall not exceed six per cent. ad valorem on transacted produce,

including all expenses as may be incurred by him in storage of the produce

and other services rendered by him :

Provided that, the commission agent shall not work as such on behalf of

seller and buyer both and shall not carry out auction of agriculture produce on

behalf of management of market committee or private market yard :

Provided further that, the commission agent shall neither receive cash

payment on behalf of seller nor make payment to the seller on behalf of buyer

of the price of agriculture produce, from his own accounts.”.

Insertion of

section 6A

in Mah. XX

of 1964.

Terms and

procedure of

buying and

selling.

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12.

After section 13 of the principal Act, the following sections shall be inserted,

namely :—

“ 13A.

The State Government shall nominate the following on the Market

Committee of the Market Yard of National Importance :—

(i) Chairman-Minister for Marketing or any other person as the State

Government deem fit ;

(ii) Vice-Chairman– any officer not below the rank of the Additional

Registrar of Co-operation ;

(iii) six agriculturists, one from each revenue division of the

Maharashtra State ;

(iv) two agriculturists to be recommended by respective other State

Governments, one each from two other States where from maximum

arrivals of agricultural produce are received in the Market Yard of National

Importance ;

(v) five member holding the license of Trader of the concerned Market

Yard of National Importance ;

(vi) one representative of Agricultural and Processed Food Products

Export Development Authority (APEDA) ;

(vii) one representative representing accredited warehouse operators

including Central Warehousing Corporation or the State Ware Housing

Corporation ;

(viii) one representative of the Indian Railways providing railway siding

facility ;

(ix) one representative of the Customs Department of the Government

of India ;

(x) one representative of the Banks providing services to the Market

Yard of National Importance ;

(xi) Agricultural Marketing Adviser to the Government of India or his

nominee not below the rank of Under Secretary to the Government of

India ;

(xii) the Chief Executive Officer or the Municipal Commissioner of

the area or his nominee ;

(xiii) the Executive Member (to be appointed by the State Government

who shall function as the Secretary or Cheif Executive Officer of the Market

Committee of Market Yard of National Importance, who shall not be below

the rank of Joint Registrar of Co-operation Department :

Provided that, as soon as the notification of Market Yard of National

Importance is issued by the State Government, the existing Market

Committee shall cease to function and all the existing committee members

shall cease to hold their office.

13B.

(1) The Executive Committee shall be appointed by Market

Committee for the Market Yard of National Importance from amongst its

members.

Executive

Committee for

Market Yard of

National

Importance.

Insertion of

sections 13A

and 13B in

Mah. XX of

1964.

Composition

of Market

Committee of

Market Yard

of National

Importance

(MNI).

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11

(2) The Executive Committee for the Market Yard of National Importance

shall consists of such number of members and follow such procedure as may

be prescribed.

(3) In case of emergency, the Executive Committee may decide issues

requiring approval of the Market Committee of the Market Yard of National

Importance:

Provided that, such decisions shall be approved by the Market Committee

of the Market Yard of National Importance in next meeting from the date of

such decisions are taken. Failure in doing so or in event of disapproval of such

decisions by the Market Committee of the Market Yard of National Importance,

such decision shall stand null and void, so, however, that any such disapproval

shall be without prejudice to the validity of anything previously done under that

decision:

Provided further that, if the Market Committee of the Market Yard of National

Importance makes any modifications in such decision, the decision shall have

effect only in such modified form from the date of such modification.

(3) The Executive Committee shall meet as often as necessary but at

least once in a calendar month.

13C.

All other provisions of this Act, not specified for the Market Yard of

National Importance, shall, unless specified otherwise by the rules made in

this behalf under section 5CA, mutatis mutandis, apply to the Market Yard of

National Importance.”.

13.

In section 60 of the principal Act, in sub-section (2),—

(a) after clause (a), the following clauses shall be inserted, namely :—

“(aa) under section 5CA, for prescribing,-

(i) the manner of regulation of marketing in the Market Yard of

National Importance ;

(ii) the minimum limit of the annual tonnage or annual value of

agricultural produce to be handled in the market yard for the purposes

of conferring the status as the Market Yard of National Importance

thereon ;

(ab) under section 5CB, for prescribing,—

(i) under sub-section (1) thereof, the infrastructure and facilities

required for declaring the warehouse, silos, cold storage or other

such structure or place, as a market sub-yard ;

(ii) under sub-section (2) thereof, the form, manner and fee for

the purposes of making application thereunder and the period not

less than three years therefor ;

(iii) under sub-section (4) thereof, the purposes for, and the

manner of, the utilisation of the Revolving Marketing Development

Fund, for marketing development of the agricultural produce ;” ;

(b) after clause (a-6), the following clauses shall be inserted,

namely :—

Application of

Act to Market

Yard of

National

Importance.

Amendment of

section 60 of

Mah. XX of

1964.

¦ÉÉMÉ +É`ö--146--2+

12

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“(a-7) under clause (i ) of paragraph (b) of sub-section (4) of

section 6, for prescribing the limit of the quantity of sale made by the

producer himself to any person for his domestic consumption, for

the purposes of the said paragraph (b) ;

(a-8) under section 6A, under sub-section (1) thereof, for

prescribing the form of an agreement, in case of inter-state trade and

form of an account slip, in case of intra-state trade ;” ;

(c) after clause (c-1), the following clause shall be inserted,

namely :—

“(c-2) under section 13B, under sub-section (2) thereof, for

prescribing, the number of members of the Executive Committee of

the Market Yard of National Importance and procedure to be followed

by it ;”.

14.

(1) If any difficulty arises in giving effect to the provisions of the principal

Act, as amended by this Act, the State Government may, as occasion arises, by an

order published in the Official Gazette, do anything not inconsistent with the provisions

of the principal Act, as amended by this Act which appears to it to be necessary or

expedient for the purpose of removing the difficulty :

Provided that, no such order shall be made after expiry of a period of two years

from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be,

after it is made, before each house of the State Legislature.

15.

(1) The Maharashtra Agricultural Produce Marketing (Development and

Regulation) (Third Amendment) Ordinance, 2018, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken (including

any notification or order issued) under the corresponding provisions of the principal

Act, as amended by the said Ordinance, shall be deemed to have been done, taken

or issued, as the case may be, under the corresponding provisions of the principal

Act, as amended by this Act.

Power to

remove

difficulty.

Repeal of Mah.

Ord. XXIV of

2018 and

saving.

Mah.

Ord.

XXIV of

2018.

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13

STATEMENT OF OBJECTS AND REASONS.

The Maharashtra Agricultural Produce Marketing (Development and Regulation)

Act, 1963 (Mah XX of 1964), is enacted to develop and regulate the marketing of

agricultural and certain other produce in market areas and markets including private

markets and farmer consumer markets established therefor in the State, to confer

powers upon Market Committees to be constituted in connection with or acting for

purposes connected with such markets and to establish Market Fund for the purposes

of the Market Committee and to provide for purposes connected with the matters

aforesaid.

2.

The Agricultural Produce Market Committees have been established as a

platform for farmers to sell their agricultural produce and obtain a fair and reasonable

price in return. With introduction of the proposed amendments to the said Act, farmers

who are actual backbone of Market Committees and having knowledge of the hurdles

and difficulties in marketing of agricultural produce, will have maximum benefits of

competition.

3.

The Central Government and the State Government are consistently trying

to get better prices for agricultural produce to the farmers. The Central Government

and State Government implementing E-NAM scheme in 60 Agricultural Produce

Marketing Committees of the Maharashtra State, so as to minimize the hurdles

arising in trading of agricultural produce in Agricultural Produce Market Committee

and implementing Online system for trading of Agricultural Produce for getting better

prices to Farmers, for their agricultural produce. For these purposes, the Maharashtra

Agricultural Produce Marketing (Development and Regulation) Act,1963 (Mah.XX

of 1964) has been amended by Maharashtra Act No. LI of 2018. For further effective

implementation of E-trading and E-NAM Scheme in the State, expeditiously, it was

considered expedient further to amend the said Act, suitably.

4.

Main features of the then proposed amendments were as under :—

(a) Provisions for regulation of marketing in respect of live stock ;

(b) provisions for the Market Yard of National Importance, and matters

incidental and connected therewith ;

(c) provisions for the establishment of various types of markets ;

(d) provisions for the Warehouse, silos, Cold Storage, etc., as market

sub-yard ; and

(e) other consequential amendments therefor.

5.

As both Houses of the State Legislature were not in session and the

Governor of Maharashtra was satisfied that circumstances existed which rendered

it necessary for him to take immediate action for further to amend the Maharashtra

Agricultural Produce Marketing (Development and Regulation) Act,1963 (Mah. XX

of 1964), for the purposes aforesaid, the Maharashtra Agricultural Produce Marketing

(Development and Regulation) (Third Amendment) Ordinance, 2018 (Mah. Ord.

XXIV of 2018), was promulgated by the Governor of Maharashtra on the 25th October

2018.

6.

The Bill is intended to replace the said Ordinance by an Act of the State

Legislature.

Mumbai,

SUBHASH DESHMUKH,

Dated the 14th November, 2018.

Minister for Marketing.

14

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative power,

namely :—

Clause 5.—Under this clause, which seeks to substitute sub-section (4) of

section 4 of the Maharashtra Agricultural Produce Marketing (Development and

Regulation) Act, 1963 (hereinafter referred to as “the principal Act”), power is taken

to the State Government to declare, by notification in Official Gazette, a special

commodity market, in addition to existing market, for any market area after

considering the turn over and specially infrastructure requirement for marketing of a

particular agricultural produce or livestock.

Clause 6.—Under this clause, which seeks to substitute section 5 of the

principal Act, power is taken to the State Government,-

(a) in sub-section (2) thereof, to declare by a notification, any place in the

delineated market area as principal market yard or sub-market yard or market

sub- yard or farmer-consumer market yard, as the case may be, managed by

a Market Committee, for the purpose of regulation of marketing of agricultural

produce and livestock, expressly or impliedly in physical, electronic or other

such mode, under the principal Act ;

(b) in sub-section (3) thereof, to declare, by notification, a “place”, licensed

under section 5D, to be private market yard, private market sub-yard, private

farmer-consumer market yard, as the case may be, for marketing of agricultural

produce and livestock, expressly or impliedly in physical, electronic or other

such mode, under the principal Act.

Clause 7.—Under this clause, which seeks to insert new section 5CA in the

principal Act, power is taken to the State Government,-

(a)

to designate, by notification published in the Official Gazette, any

existing market yard established under section 5 as “Market Yard of National

Importance” or establish any market as “Market Yard of National Importance”,

after consideration of such aspects regarding marketing of agricultural produce

as stated therein ;

(b)

to prescribe, by rules, the manner of regulation of marketing of

agricultural produce in the Market Yard of National Importance ;

(c)

in the first proviso thereof, to prescribe, by rules, the minimum limit

of the annual tonnage or annual value of agricultural produce to be handled in

the market yard for the purposes of conferring the status as the Market Yard of

National Importance thereon.

Clause 8.—Under this clause, which seeks to insert new section 5CB in the

principal Act, power is taken to the State Government ,-

(a)

in sub-section (1) thereof,-

(i) to declare, by notification, warehouse, silos or cold storage or

other such structure or place, having such infrastructure and facilities as

may be prescribed, to function as market sub-yard ;

(ii) to prescribe, by rules, the infrastructure and facilities required for

declaring the warehouse, silos, cold storage or other such structure or

place, as a market sub-yard ;

(b)

in sub-section (2) thereof, to prescribe, by rules, the form, manner

and fee for the purposes of making application thereunder and the period not

less than three years therefor ;

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15

(c) in sub-section (3) thereof, to notify, the maximum rate ad valorem of

user charges which may be collected by licensee of warehouse, silos or cold

storage or other such structure or place on the agricultural produce transacted

at the declared market sub-yard ;

(d) in sub-section (4) thereof, to prescribe, by rules, the purposes for, and

the manner of, the utilisation of the Revolving Marketing Development Fund,

for marketing development of the agricultural produce.

Clause 10.—Under this clause, which seeks to insert new sub-section (4) in

section 6 of the principal Act, power is taken to the State Government,—

(a) in paragraph (b) thereof, to prescribe, by rules, the limit of the quantity

of sale made by the producer himself to any person for his domestic

consumption, for the purposes of the said paragraph (b) ;

(b) in paragraph (c) thereof, to notify the value of the livestock for the

purpose of business of purchasing or selling, which shall be exempted from

the provisions of sub-section (1) of section 6.

Clause 11.—Under this clause, which seeks to insert new section 6A in the

principal Act, power is taken to the State Government in sub-section (1) thereof, to

prescribe, by rules, the form of an agreement, in case of inter-State trade and form

of an account slip, in case of intra-State trade.

Clause 12.—Under this clause, which seeks to insert new section 13B in the

principal Act, power is taken to the State Government, in sub-section (2) thereof, to

prescribe, by rules, the number of members of the Executive Committee of the

Market Yard of National Importance and procedure to be followed it.

Clause 13.—Under this clause, which seeks to amend sub- section(2) of section

60 of the principal Act, which is rule making-section, for inserting new clauses (aa),

(ab), (a-7), (a-8) and (c-2) therein, power is taken to the State Government to

prescribe, by rules, the various provisions necessary for implementation of sections

5CA, 5CB, 6, 6A and 13B (as already mentioned above in this Memorandum).

Clause 14.—Under this clause, power is taken to the State Government, to

remove, by an order published in the Official Gazette, any difficulty which may arise

in giving effect to the provisions of the principal Act, as amended by the proposed

law, within a period of two years from the date of commencement of the Amendment

Act.

2. The above-mentioned proposals for delegation of legislative power are of

normal character.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR

SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI

ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.