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1
Mah. XX
of 1964.
CO-OPERATION, MARKETING AND TEXTILES DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 31st January 2020.
MAHARASHTRA ORDINANCE No. II OF 2020.
AN ORDINANCE
further to amend the Maharashtra Agricultural
Produce Marketing (Development and Regulation) Act, 1963.
WHEREAS both Houses of the State Legislature are not in session;
AND WHEREAS the Governor of Maharashtra is satisfied that circumstances
exist which render 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;
(1)
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ʴɦÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
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)
(Amendment) Ordinance, 2020 (Mah. Ord. II of 2020), 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.
(Translation in English of the Maharashtra Agricultural Produce Marketing (Development
and Regulation) (Amendment) Ordinance, 2020 (Mah. Ord. II of 2020), published under the
authority of the Governor).
————————
RNI No. MAHENG /2009/35528
2
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NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased
to promulgate the following Ordinance, namely :—
1.
(1) This Ordinance may be called the Maharashtra Agricultural Produce
Marketing (Development and Regulation) (Amendment) Ordinance, 2020.
(2) It shall come into force at once.
2.
In section 13 of the Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963, subsection (1C) shall be deleted.
Short title and
commence-
ment.
Amendment of
section 13 of
Mah. XX of
1964.
Mah. XX
of 1964.
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3
STATEMENT
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 the Market Committees to be constituted in connection with or acting
for purposes connected with such markets.
2.
Sub-section (1C) of section 13 of the said Act (as inserted by the
Maharashtra Act No. XXXV of 2016) provides for appointment of experts in the field
of agriculture, agricultural processing, agricultural marketing, law, economics or
commerce as special invitees on the Market Committees. A Circular dated
13th August 2015 is also issued by the State Government specifying qualifications
of the persons to be appointed as special invitees.
Appointments of various special invitees made by the Government under the
said sub-section (1C) are challenged in the Bombay High Court in several Writ
Petitions. In Writ Petition No. 12084 of 2015, the Bombay High Court (Aurangabad
Bench), while setting aside the appointments of special invitees, has also suggested
the State Government to frame rules and/or comprehensive guidelines to be adhered
to, while appointing special invitees under section 13(1C) of the said Act.
3.
The Market Committee consist of fifteen agriculturists residing in the market
area, two traders and commission agents operating in the market area and one
representative of hamals and weighmen. Taking into account the composition of the
Market Committee of persons from the field of agriculture as well as representatives
of traders and commission agents and judgment of the Hon’ble Bombay High Court
regarding the process of appointment of special invitees, it is considered expedient
to delete sub-section (1C) of section 13 of the said Act.
4.
As both Houses of the State Legislature are not in session and the Governor
of Maharashtra is satisfied that circumstances exist which render it necessary for
him to take immediate action further to amend the Maharashtra Agricultural Produce
Marketing (Development and Regulation) Act, 1963 (Mah. XX of 1964), for the
purposes aforesaid, this Ordinance is promulgated.
Mumbai,
BHAGAT SINGH KOSHYARI,
Dated 30th January 2020.
Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
ANOOP KUMAR,
Principal Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, 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 : DIRECTOR, RUPENDRA DINESH MORE.