175

Panaji, 15th May, 2020 (Vaisakha 25, 1942)

SERIES I No. 7

Reg. No. G-2/RNP/GOA/32/2018-2020

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

EXTRAORDINARY

GOVERNMENT OF GOA

Department of Co-operation

Office of the Registrar of Co-operative Societies

__

Notification

52/05/20-MR/MKT/RCS/295

In exercise of the powers conferred by

sub-section (1) of section 49 of the Goa

Agricultural Produce and Livestock Marketing

(Promotion and Facilitation) Act, 2007 (Goa Act

11 of 2007), and in supersession of the

Government Notification No.11/1/96-MR/

/MKT/RCS/1093 dated 16th April, 2002,

published in the Official Gazette, Series I No.

5 dated 2nd May, 2002, the Government of Goa

hereby notifies the rates of market fees as

specified in Column (2) of the table below in

respect of the notified agricultural produce as

specified in Column (1) of the table below:

TABLE

Type of Notified

Rate of

Agricultural Produce

market fee

(1)

(2)

Perishable notified

1% ad valorem

agricultural produce

Non-Perishable notified

1% ad valorem

agricultural produce

This Notification shall come into force with

immediate effect.

By order and in the name of the Governor

of Goa.

Vikas S. N. Gaunekar, Registrar of

Co-operative Societies & ex officio Joint

Secretary.

Panaji, 15th May, 2020.

———ttt———

Department of Law & Judiciary

Legal Affairs Division

__

Notification

8/4/2020-LA

The Goa Goods and Services Tax (Second

Amendment) Ordinance, 2020 (Ordinance

No. 1 of 2020), which has been promulgated

by the Governor of Goa on 08-05-2020, is

hereby published for general information of

the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 15th May, 2020.

_____

The Goa Goods and Services Tax (Second

Amendment) Ordinance, 2020

(Ordinance No. 1 of 2020)

Promulgated by the Governor of Goa in the

Seventy-first year of the Republic of India.

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An Ordinance to further amend the Goa

Goods and Services Tax Act, 2017 (Goa Act

4 of 2017).

Whereas, the Legislative Assembly of Goa

is not in Session and the Governor of Goa is

satisfied that circumstances exist which

render it necessary for him to take immediate

action.

Now, therefore, in exercise of the powers

conferred by clause (1) of article 213 of the

Constitution of India, the Governor of Goa is

pleased to promulgate the following

Ordinance, namely:—

1. Short title and commencement.— (1) This

Ordinance may be called the Goa Goods

and Services Tax (Second Amendment)

Ordinance, 2020.

(2) Save as otherwise provided in this

Ordinance, the provisions of this Ordinance

shall be deemed to have come into force from

31-03-2020.

2. Insertion of new section 168A.— After

section 168 of the principal Act, the following

section shall be inserted, namely:—

‘168A.— (1) Notwithstanding anything

contained in this Act, the Government

may, on the recommendations of the

Council, by notification, extend the time

limit specified in, or prescribed or notified

under, this Act in respect of actions which

cannot be completed or complied with due

to force majeure.

(2) The power to issue notification under

sub-section (1) shall include the power to

give retrospective effect to such notification

from a date not earlier than the date of

commencement of this Act.

Explanation.— For the purposes of this

section, the expression “force majeure”

means a case of war, epidemic, flood,

drought, fire, cyclone, earthquake or any

other calamity caused by nature or

otherwise affecting the implementation of

any of the provisions of this Act.’.

Place: Raj Bhavan,

SATYA PAL MALIK,

Date: -04-2020.

Governor of Goa.

Notification

8/5/2020-LA

The Goa Agricultural Produce Marketing

(Development and Regulation) (Amendment)

Ordinance, 2020 (Ordinance No. 2 of 2020),

which has been promulgated by the Governor

of Goa on 15-5-2020 is hereby published for

general information of public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 15th May, 2020.

____

The Goa Agricultural Produce Marketing

(Development and Regulation) (Amendment),

Ordinance, 2020

(Ordinance No. 2 of 2020)

Promulgated by the Governor of Goa in the

Seventy-first Year of the Republic of India.

An Ordinance further to amend the Goa

Agricultural Produce Marketing (Development

and Regulation) Act, 2007 (Goa Act 11 of 2007).

Whereas, the Legislative Assembly of Goa

is not in session and the Governor of Goa is

satisfied that circumstances exist which

render it necessary for him to take immediate

action.

Now, therefore, in exercise of the powers

conferred by clause (1) of article 213 of the

Constitution of India, the Governor of Goa is

pleased to promulgate the following

Ordinance, namely:—

1. Short title and commencement.— (1) This

Ordinance may be called the Goa Agricultural

Produce Marketing (Development and

Regulation) (Amendment) Ordinance, 2020.

(2) It shall come into force at once.

2. Amendment of section 1.— In section 1 of

the principle Act, in sub-section (1), for the

expression “Goa Agricultural Produce

Marketing (Development and Regulation) Act,

2007”, the expression “Goa Agricultural

Produce

and

Livestock

Marketing

(Promotion and Facilitation) Act, 2007 shall be

substituted.

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3. Amendment of section 2.— In section 2 of

the Goa Agricultural Produce Marketing

(Development and Regulation) Act, 2007 (Goa

Act 11 of 2007) (hereinafter referred to as the

“principal Act”),—

(i) clause (a) shall be renumbered as

clause (aa);

(ii) before clause (aa) as renumbered, the

following clause shall be inserted,

namely:—

“(a) “ad hoc buyer” includes a buyer

registered under section 60A of this Act;”;

for clause (b), the following clause shall

be substituted, namely:—

(iii) (b) “agriculturist” means a person

who ordinarily by his own labour or by the

labour of any member of his family or by the

labour of his tenants or servants or hired

labour or otherwise, is engaged in the

production or growth of any notified

agricultural produce, and includes a

member of a co-operative society registered

in the State of Goa which is dealing with

agricultural produce and a person who has

sold agricultural produce to the co-operative

society, of the value not less than Rs. 5000/-

in the preceding financial year or of such

amount as may be determined by the State

Marketing Officer from time to time in the

preceding financial year; but does not

include a trader, trading agent, broker,

processor or commission agent:”;

(iv) after clause (b), the following clause

shall be inserted, namely;

“(bb) “assaying lab”

means a

laboratory set up, for testing of quality

parameters as per the tradable

parameters or grade-standards or any

other parameters notified by the

Marketing Board;”:

(v) in clause (f) and in any other section,

for the expression “Goa Agricultural

Marketing Board”, whenever it occurs, the

expression “Goa Agricultural Produce and

Livestock Marketing Board” shall be

substituted;

(vi) after clause (f), the following clause

shall be inserted, namely:—

“(fa) “cold storage” in relation to

market yard means cold storage declared

as market sub-yard under section 5E of

this Act;”;

(vii) after clause (l), the following clause

shall be inserted, namely:—

“(la) “direct marketing” in relation to

agricultural produce, means direct

wholesale purchase of agricultural

produce from the farmers by the

processors, exporters, bulk buyers, etc.

outside the principal market yard, sub-

market yard, private market yard and

market sub-yard under section 5D of this

Act;”;

(viii) after clause (p), the following clauses

shall be inserted, namely:—

“(pa)“ electronic trading platform”

means electronic platform set up either

by Government or its agencies or a person

licenced under section 60B for conducting

trading in notified agricultural produce

including livestock through electronic

media or by any means of communication

in which registration, buying and selling,

billing, booking, contracting and

negotiating are carried out online through

computer network/internet or any other

such electronic device;

“(pb) “Farmer-Consumer Market Yard”

means market yard established under

section 5D of this Act;

“(pc) “Farmer-Producer Company

(FPC)” means a company of farmer-

producer members incorporated with the

Registrar of Companies;

(ix) after clause (v) the following clauses

shall be inserted, namely:—

“(va)

“livestock”

means

cows,

buffaloes, bullocks, bulls, goats and

sheep, and includes poultry, fish and such

other animals, and products thereof,

specified in the Schedule; hereto;”;

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(x) after clause (zc) the following clauses

shall be inserted, namely:-

“(zca) “Market Yard of National

Importance” means a market yard as

notified under section 5B of this Act;”;

(xi) after clause (ze) the following clauses

shall be inserted, namely:—

“(zea) “Notified Agricultural Produce

and Livestock” means agricultural

produce and livestock, specified in the

Schedule; hereto;

“(zeb) “National Agriculture Market

(NAM)” means an integrated market,

where buying and selling of notified

agricultural produce including livestock

and activities incidental thereto are

carried out in India possessing marketing

utility across time and space;”;

(xii) after clause (zf) the following clauses

shall be inserted, namely:—

(zfa) “over trading” in relation to a

trader means the amount exceeding the

value of the agricultural produce

including livestock purchased at any

point of time vis-à-vis to the amount of

security deposited with or the bank

guarantee he has furnished to the

Marketing Board;

“(zfb) “own consumption purchases”

means retail purchases made in small

quantities for domestic consumption and

not for resale or business purposes.

“(zfc) “person” includes individual, a

co-operative society, Hindu Undivided

family, a company or firm or an association

or a body of individuals, whether

incorporated or not;

“(zfd) “petty trader” in relation to

agricultural produce means a non

licensee trader under this Act who carries

on purchasing or selling of notified

agricultural produce in the quantity not

exceeding such quantity as specified in

this Act and notified by the Government

as retail;”;

(xiii) after clause (zq), the following

clauses shall be inserted, namely:—

“(zqa) “Silo” means silo declared as

market sub-yard under section 5E of this

Act;

“(zqb) “Special Commodity market

Yard” means such market yard notified

under section 5A of this Act;

“(zqc) “State” means the State of Goa;”;

(xiv) after clause (zw) the following clause

shall be inserted, namely:—

“(zwa) “warehouse” in relation to

market yard, means warehouse declared

as market sub-yard under section 5E of

this Act;”;

4. Substitution of section 5.— For section 5

of the principal Act, the following sub-

sections shall be substituted, namely:—

“5. Principal market yard, sub-market

yard, market sub-yard, private market yard,

private market sub-yard, farmer-consumer

market yard, private farmer-consumer

market and electronic trading platform.

(1) In this State, there may be—

(a) principal market yard(s) managed by

the Marketing Board;

(b) sub-market yard(s) managed by the

Marketing Board;

(c) market sub-yard(s) managed by the

Marketing Board;

(d) private market yard(s) managed by a

person, holding a licence under section 5C;

(e) private market sub-yard(s) managed

by a person holding a licence under section

5F;

(f) farmer-consumer market yard(s)

managed by the Marketing Board;

(g) private farmer-consumer market

yard(s) managed by a person, holding a

licence under section 5D;

(h) electronic trading platform.

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(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 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 Marketing Board, for

the purpose of regulation of marketing of

notified agricultural produce and livestock,

expressly or impliedly in physical, electronic

or other such mode, under this Act.

Explanation.— In this sub-section (2), the

expression ‘place’ shall include any structure,

enclosure, open space locality, street including

warehouse/silos/pack

house/cleaning,

grading and packaging and processing unit

vested in the Marketing Board of the

delineated market area.

(3) The Government may, by notification,

declare a ‘place’, licenced under section 51,

to be private market yard, private market sub-

yard, private farmer-consumer market yard, as

the case may be, for marketing of notified

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/cleaning,

grading and packaging and processing unit

vested in the person licenced for the purpose

under this Act.

5A. Establishment and notification of

“Special Commodity Market Yard”.— (1) The

Government may designate any existing

market yard established under sub-section (2)

of section 5 as “Special Commodity Market

Yard” or establish and notify any market yard

as “Special Commodity Market Yard” after

consideration of such aspects as throughput

of particular agriculture produce and livestock

and special infrastructure requirements

therefore. It may be-

(i) fruits, vegetables and flowers markets,

including onion market, apple market,

orange market and other such market;

(ii) cotton market;

(iii) medicinal and aromatic plants market;

(iv) livestock market including camel

market, fish market, poultry market and

other such market; and

(v) any other such markets.

(2) All provisions for and in relation to the

Marketing Board made in the Act shall mutatis

mutandis apply to the Marketing Board

established for “Special Commodity Market

Yard”.

5B. Establishment and notification of

“Market Yard of National Importance

(MNI).— The Government may designate

and notify any existing market yard

established under sub-section (2) of section

5 as “Market Yard of National Importance”

or establish and notify any market as

“Market Yard of National Importance” after

consideration of such aspects as total

throughout, value, upstream catchment

area, down-stream number of consumers

served

and

special

infrastructure

requirements thereof:

Provided that the market yard handling not

less than such annual tonnage or such annual

values, as may be prescribed, may 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 percent may

arrive from not less than two other States.

5C. Establishment of private market yard.—

(1) Subject to such reasonable conditions and

such fee as may be prescribed, the Marketing

Board may grant a licence to a person to

establish a private market yard, for trading of

notified agricultural produce and livestock.

(2) The private market yard licensee, or its

management committee, by whatever name

it is called, may register commission agents

and other market functionaries to operate in

the licenced private market yard.

(3) The private market yard licensee, or its

management committee, may collect user

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charge on notified agricultural produce and

livestock transacted in the private market

yards, at the rate ad valorem not exceeding

the rate as notified by the Government:

Provided that no user charge shall be

collected from agriculturist seller.

(4) The private market yard licensee shall

contribute such user charge collection and

registration fee, to the separate fund created

by the Marketing Board for this purpose at the

rate in percentage at par with Marketing

Board.

(5) The Marketing Board will spend the

money from such Fund under sub-section (4)

in development of common marketing

infrastructure, skill development, training,

research and pledge financing and such other

activities as will aid in creating an efficient

marketing system in the State/Country.

(6) The private market yard licensee shall

formulate a Standard Operating Procedure

(SOP) for conduct of business and activities

ancillary thereto in the licenced private market

yard.

5D. Establishment of farmer-consumer

market yard (direct sale of agricultural produce

by farmer to consumer in retail).— (1) Subject

to such terms and conditions and fee, as may

be prescribed, the Marketing Board, may grant

licence to person to establish farmer-

consumer market yard for marketing of

specified agricultural produce in retail.

(2) Such farmer-consumer market yard may

be established by a person by developing

infrastructure, as may be prescribed, and at a

place accessible to both farmers(s) and

consumer(s):

Provided that the consumer shall not

purchase more than such quantity of

agriculture produce at a time in this market

yard as prescribed.

(3) The farmer-consumer market yard

licensee may collect the user charge on the

sale of agriculture produce from the seller and

amount so realized shall be retained by farmer-

consumer market yard licensee:

Provided that the Government in public

interest may from time to time, by notification,

put ceiling on the rate of collection of user

charge.

5E. Declaring ware-house/silos/cold storage

or other such structure or place as market sub-

yard.— (1) Save as otherwise provided in this

Act, the Government may, by notification

declare warehouse/silos/cold storage or other

such structure or place with infrastructure and

facilities as 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/cleaning, grading and

processing unit, etc.

(2) The owner of such warehouse/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 Marketing Board, in such

form and in such manner and such fee; and

also for such period but not less than three

years, as prescribed.

(3) The licensee of such warehouse/silos/

cold storage or other such structure or place,

may collect user charge on notified agricultural

produce transacted at the declared market

sub-yard under sub-section (1), at the rate ad

valorem not exceeding the rate as notified by

the Government:

Provided that no user charge shall be

collected from agriculturist seller.

(4) A declared market sub-yard licensee

shall contribute, such user charge, to the

separate Fund maintained by the Marketing

Board at the rate in percentage at par with

Marketing Board.The fund will be utilized for

the purposes and as specified in sub-section

(5) of section 5C of this Act.

5F.— Direct marketing (wholesale direct

purchase from farmers outside the market yard,

sub-market yard, private market yard).— (1)

Collection/aggregation centers in the

proximity of the production areas may be set

up by a person with infrastructure, as may be

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prescribed, with linkages to retail chain, or

processing/export unit/premises, or any other

such unit/premises, as may be prescribed, in

accordance with the provisions of this Act and

rules made thereunder for marketing of notified

agricultural produce.

(2) Notwithstanding anything contained

under sub-section (1), direct wholesale

purchase can also be carried out outside the

principal market yard, sub-market yard,

market sub-yard, private market yard by

declaring the place of such purchase, without

establishment of any permanent collection/

/aggregation centre, as prescribed.

(3) Direct marketing licensee shall have to

maintain records and all accounts relating to

daily trade transactions and shall submit

monthly report, as prescribed, to the Licensing

Authority.

(4) The Licensing Authority can seek any

type of additional information from the direct

marketing licensee; and can also inspect and

issue direction relating to functioning of such

wholesale purchases and the activities

incidental thereto.

(5) The direct marketing licensee shall be

liable to pay one-fourth of the applicable

market fee on wholesale purchases made. Such

licensee shall deposit the due amount towards

“Marketing Board Fund” maintained by

Marketing Board for the month by 7th day of

the next month. The Fund will be utilized for

the purposes and as specified in sub-section 5

of section 5C of this Act.

5. Amendment of section 12.— In section 12

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

(i) for the word “eighteen”, the word

“nineteen” shall be substituted;

(ii) for clause (d), the following clause

shall be substituted, namely:-

“(d) (i) Registrar of Co-operative Societies

or his nominee;

(ii) Director of Agriculture or his nominee;

and

(iii) Director of Animal Husbandry or his

nominee.”.

6. Substitution of section 34.— For section

34 of the principal Act, the following section

shall be substituted, namely:—

34. Levy of user charge by Marketing

Board.—

Notwithstanding

anything

contained in this Act, the Marketing Board

may allow trade even in those items of the

agricultural produce including livestock

which is not notified for regulation under

this Act or are not specified in the Schedule

hereto.

(2) The Marketing Board shall collect user

charge, as specified in bye-laws for allowing

trade as provided under sub section (1) at

the rate not exceeding two percent ad

valorem incase of non perishable transacted

agricultural produce and not exceeding one

percent ad valorem incase of perishable

agricultural produce and livestock.

(3) Save as otherwise provided in this Act,

there shall neither be regulation nor levy of

applicable user charge on sale transactions

of fruits and vegetables taking place outside

the principal market yard, sub-market

yard(s) and market sub-yard(s).”

7. Amendment of section 41.— In section 41

of the principal Act for the word ‘‘market fee”,

wherever they occur, the words market fee/

/user charge shall be substituted.

8. Amendment of section 44.— In section 44

of the principal Act, after sub-section (2), the

following sub-sections shall be inserted,

namely:—

(2A) The Marketing Board shall maintain

a separate Fund to account the receipts

realized as contribution from licensees of

private market yard, private market sub-

yard, e-trading platform, direct marketing

and from such other contribution.

(2B) The Marketing Board shall spend

such fund, in development of common

marketing infrastructure, skill development,

training, research and pledge financing and

such other activities as will aid in creating

an efficient marketing system in the State/

/Country.”.

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9. Insertion of new section 44A.—After

section 44 of the principal Act, the following

section shall be inserted, namely:—

44A. Accounts and Audit of Marketing

Board.— (1) The accounts of the marketing

Board shall be subject to internal audit for

which the marketing Board may make such

arrangement as it deem fit.

(2) Within 45 days of the close of the financial

year, the annual accounts and balance sheet

of the marketing Board shall be prepared by

the Secretary and all money accruing to or

received by the marketing Board from

whatever source and all amounts disbursed

or paid shall be entered in the accounts.

(3) At the time of audit, the Secretary shall

cause to be produced all accounts, registers,

documents and other relevant papers which

may be called for by the audit officer for the

purposes of the audit. Any explanation called

for by such officer for the removal of any

discrepancy shall be immediately furnished to

him.

(4) The accounts of the Marketing Board

shall be audited within six months of the close

of the financial year to which such accounts

relate:

Provided that the State Marketing Officer

may upon request from the Marketing Board

and for justifiable reasons, grant extension of

time for period not exceeding six months.

(5) The State Marketing Officer shall appoint

an auditor from the panel of Auditors and

Chartered Accountants constituted by

the Registrar of Co-operative Societies,

Government of Goa from time to time.

(6) The Marketing Board dealing with the

funds from the Government or any other

external individual or institutions may be

subject to a re-audit initiated by the State

Marketing Officer at the request of creditor, on

such specific terms of reference as agreed to

by the State Marketing Officer. The cost and

expenses of the re-audit shall be borne by such

creditor.

(7) The accounts when audited shall be

printed. The copies of accounts and audit

report with comments thereon shall placed

before the marketing Board.

10. Amendment of section 45.— In section

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

(i) clause (xx) shall be renumbered as

clause (xxi);

(ii) before clause (xxi) so renumbered, the

following clause shall be inserted,

namely:—

(xx), to make arrangement for creating

the facilities for livestock trade by

providing required Infrastructure;”.

11. Substitution of Chapter VIII.— For

chapter VIII of the principal Act, the following

chapter shall be substituted namely:—

“Chapter VIII”

REGULATION OF TRADING

47. Sale-transactions of notified Agricultural

Produce and Livestock.— (1) All notified

agricultural produce including livestock shall

ordinarily be sold in the principal market yards,

sub-market yards and market sub-yards

licenced under this Act or not, private market

yard or at the electronic trading platforms:

Provided that the notified agricultural

produce including livestock may be sold at

other places also to a licence holder especially

permitted in this behalf under this Act.

(2) In relation to agricultural produce,

nothing in the sub-section (1) 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 upto one quintal;

(ii) brought for sale by head load;

(iii) purchase and sale is made by petty

trader;

(iv) purchase is made by an authorized

fair price shop dealer from the Food

Corporation of India. “State Commodities

Trading Corporation or any other agency or

institution authorized by the Government of

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India or State Government or Union Territory

Administration for distribution of essential

commodities through the Public Distribution

System; and

(v) the transfer such agricultural produce

to a co-operative society for the purpose of

securing an advance there from.

(vi) the Notified Agriculture produce

brought by the licenced/registered trader

from a place outside the Market Yard or

within the Market area in the cource of

commercial transactions may be bought or

sold anywhere in the market area:

Provided that it shall not be necessary to

bring Agriculture produce covered under

contract farming to the market yard/sub

market yard/private yard and it may be directly

sold to contract farming sponsors from farmers

fields.

(3) 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 prescribed.

(4) The price of the notified 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.

(5) Weighment or measurement or counting

of all the notified agricultural produce

including livestock so purchased shall be done

by such person and such system as is provided

in the bye-laws or at any other place specified

for the purpose by the Marketing Board.

48.Terms and procedure of buying and

selling.— (1) Except in the commercial

transactions between two traders, any other

person who buys notified agricultural produce

including livestock in the principal market

yards, sub-market yards and market sub-

yards, shall execute an agreement in triplicate

in such form, as prescribed, in favour of the

seller. One copy of the agreement 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 marketing board.

(2) (a) The price of the notified agricultural

produce including livestock transacted in the

principal market yards, sub-market yards,

private market yards, market sub-yards or at

e-platforms shall be paid on the same day to

the seller or in the maximum next day if

procedurally so required. Payment on notified

agricultural produce shall also be made to

agriculturist-seller, if sold to the direct

marketing licencee, on the same day there

itself.

(b) In case purchaser does not make

payment as specified 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 live stock,

payable to the seller within five days.

(c) In case purchaser does not make

payment to the seller as specified under clause

(b) above, within 5 days from the day of such

purchase, his license shall be deemed to have

been cancelled on the sixth day and he shall

not be 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 transactions of notified

agricultural produce shall be entered directly

by licensed/registered trader with producer

of such agricultural produce in the market

yard/sub-market yard/private yard or at such

place except in accordance with the

provisions contained in the bye-laws:

Provide that agricultural produce, produced

under contract farming, may be directly

bought by contract farming sponsor anywhere.

(4) Commission agent shall recover his

commission from his principal trader at the rate

not exceeding two percent ad valorem on

transacted non-perishable agricultural

produce; while in case of perishable

agricultural produce, it shall not exceed four

percent 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:

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Provided that no commission shall be

collected from farmer-seller.

(5) Every commission agent shall be liable

to keep the goods of his principal in safe

custody without any charge other than

commission payable to him.

49. Levy of market fee (single point levy of

market fee).— (1) The marketing Board shall

levy and collect market fee from buyer in

respect of notified agricultural produce

including livestock bought by such buyer in

the principal market yard or sub-market yard(s)

or market sub-yard(s) either brought from

outside the State or from within the State, at

such rate as may be notified but not exceeding

two percent ad valorem on transacted produce

incase of non-perishable agricultural produce

and not exceeding one percent ad valorem in

case of perishable agricultural produce and

livestock:

Provided that the notified Agricultural

produce imported/purchased/bought from

any person other than agriculturist into the

market area shall be liable for payment of

market fee:

Provided that market fees specified under

this section shall not be levied for the second

time, in whatever name it is called, i.e. cess,

user charge, service charge, etc., in any

principal market yard, sub-market yard(s),

market sub-yard(s), private market yard,

electronic trading platform within the state

provided that market fee at applicable rate has

already been paid on that notified agricultural

produce in any principal market yard, sub-

market yard(s), market sub-yard(s), private

market yard, electronic trading platform within

the State and the evidence to this effect has

been furnished, by the concerned person that

market fee has already been paid as aforesaid

in the State:

Provided further that in case of commercial

transactions between traders, the market fee

shall be collected and paid by the seller:

Provided also that in case of buyer is not

licencee and seller is farmer, the liability of

payment of market fee shall be of commission

agent who will collect the market fee from

buyer and deposit to the marketing Board.

(2) The Marketing Board may levy and

collect entrance fee on vehicles which may

enter into market yard(s) at such rate as may

be specified in bye-laws:

Provided that no such fee shall be levied and

collected from agriculturist-sellers.

50. Grant/Renewal of licence to market

functionaries other than trader.— (1) Subject

to the provisions of this Act and Rules made in

this behalf, every person who, in respect of

notified agricultural produce including

livestock, desires to operate in the principal

market yard or sub-market yard or market sub-

yard as commission agent, weighman,

measurer, hammal (loader-unloader) or such

other market functionary, except trader, shall

apply to the Marketing Board for grant or

renewal of licence in such form, with such fees

and in such manner as prescribed.

(2) The Marketing Board or its Chairperson,

if so authorized by the Marketing Board may,

on an application made under sub-section (1)

and after making such inquiries as it deemed

fit, grant or renew the licence, or may refuse

to grant or renew any such licence on the

basis of one or more of the following reasons:—

(i) the applicant is minor or not bonafide;

(ii) the applicant has been declared

defaulter under the Act or Rules made

thereunder and Bye-laws;

(iii) the applicant has been found guilty

under the Act;

(iv) any dues relating to Marketing Board

and/or Board and/or Government are

outstanding against the applicant;

(v) any other reason(s) as may be

prescribed.

(3) The application received under sub-

section (1) shall be dispose of within twenty

working days from the date of receipt of

application complete in all respects.

(4) The Marketing Board may grant the

licence or reject the same after recording the

reason(s) in writing therefore.

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(5) On expiry of a period specified in sub-

section (3), if the application has not been

disposed off, the licence deem to have been

granted or renewed, as the case may be.

(6) The Marketing Board or its Chairperson

if so authorized may, by order and for reasons

to be recorded in writing suspend or cancel

the licence, granted under this section:

Provided that no order for suspension or

cancellation of licence shall be passed without

giving a reasonable opportunity of being heard

to the licensee.

51. Grant/Renewal licence for private market

yard, farmer-consumer market yard and

market sub-yard.— (1) Any person who,

desires to establish private market yard,

farmer-consumer market yard, market sub-

yard, shall apply to the Marketing Board for

grant of licence or renewal thereof in such

from, in such manner and with such fee and

securities/bank guarantee as prescribed.

(2) An application received under sub-

section (1) may be rejected for the reasons to

be recorded in writing by the marketing

Board:

(3) The application received under this

section shall be liable to be reject in case,—

(i) in case the applicant is a minor or not

bonafide;

(ii) in case the applicant has been

declared defaulter under the Act and Rules

and Bye-laws made thereunder;

(iii) in case any dues relating to Marketing

Board and/or Government are outstanding

against the applicant;

(iv) in case the concerned authority is

satisfied that the applicant does not possess

the infrastructure credentials, experience or

adequate capital for investment or any other

requirements as may be prescribed for

establishment of a private market yard or

farmer-consumer market yard;

(v) for any other reason as prescribed.

(4) The licence granted or renewed under

this section shall be subject to such terms and

conditions, as prescribed; and the licensee

shall be bound to follow the terms and

conditions of the licence. The licensee shall

also follow the provisions of this Act and Rules

made thereunder.

52. Suspension or Cancellation of licence

granted/renewed under section 51.— (1)

Subject to the provisions of section 51, the

Licensing Authority, may by order and for the

reasons in writing to be communicated to the

licensee, suspend or cancel the licence, if;

(a) the licence has been obtained through

willful misrepresentation or fraud;

(b) the licensee or his representative or

anyone acting on his behalf with his expressed

or implied permission, commits a breach of

any of the Rules, regulations and terms or

conditions of licence;

(c) licensee himself or in combination with

other licensee commits any act or abstains

from carrying on his normal business in the

market area with the intention of willfully

obstructing, suspending or stopping the

marketing of notified agricultural produce;

(d) licensee becomes insolvent;

(e) licensee incurs any disqualification, as

prescribed; or

(f) licensee is convicted of any offence under

this Act.

(2) No licence shall be suspended or

cancelled under this section without giving a

reasonable opportunity of being heard to the

licensee.

53. Grant/Renewal of unified single trading

licence.— (1) There shall be a single licence

applicable to the whole of the State, for the

trader to be granted/renewed by the

Marketing Board in such manner and in such

form, as prescribed, to operate as trader in any

principal market yard, sub-market yard,

market sub-yard private market yard and sub-

yard, e-trading platform or any other space

identified for the purpose, in the State. The

existing trader licences granted by the

Marketing Board shall be converted into State

wide single trader licence by the Marketing

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Board within six months from the date of

commencement of the State Agricultural

Produce Marketing (Development and

Regulation) (Amendment) Ordinance, 2020.

Until then, the existing trader licences granted

by the Marketing Board shall deemed to be

the State wide single trader licences.

Explanation.— Private market licensee or

other such licensee or its management

committee may, register the unified single

trading licensee, to allow to operate in such

market yards.

(2) Any person desirous of obtaining or

renewing a licence under sub-section (1) as

trader, shall apply to the Marketing Board in

such form and with such fee, as prescribed.

(3) Subject to provisions of this Act and the

Rules made thereunder, the Marketing Board,

on application made under sub-section (2),

after making such inquiries as deemed fit,

may grant or renew the licence in such form

and for such a period, as prescribed:

Provided that notwithstanding anything

contained in this Act and the Rules, there shall

be no consideration of domicile, compulsory

requirement of purchase/collection center and

minimal quantity for grant/renew of such

licence:

Provided further that such licence granted

or renewed shall entail to the licensee to carry

out trade of any form i.e. primary or secondary

or whatsoever, without any discrimination.

(4) The licence issued by the Marketing

Board under this section shall bear Unicode,

as prescribed.

54. Suspension or Cancellation of unified

single trading licence granted/renewed under

section 53.— (1) The Marketing Board or the

Officer authorized by it may, after such inquiry

as it/he deems fit to make and after giving, the

licensee a reasonable opportunity of being

heard, suspend or cancel a licence issued

under section 53 on any of the following

ground(s); namely:—

(a) the licence has been obtained through

willful misrepresentation or fraud;

(b) the licensee himself or in collusion with

other licensee(s) commits any act or abstains

from carrying on his normal business in the

market with the intention to willfully obstruct,

suspend or stop the marketing of notified

agricultural produce in any type of market and

in consequence whereof, the marketing of

notified agricultural produce has been

obstructed, suspended or stopped;

(c) the licensee is found to have contravened

any of the provisions of this Act or the Rules or

Bye-laws;

(d) the licensee convicted of an offence

punishable under this Act or Rules or

regulations;

(e) the licensee become insolvent; or

(f) the licensee incurs any disqualification

as prescribed.

(2) The licensee shall forthwith produce the

suspended/cancelled licence in the office of

the Marketing Board for being endorsed in such

manner as prescribed and shall not be entitled

to claim on account of such suspension/

/cancellation any compensation and/or refund

of the whole or any part of the licence fee.

55. Recognition of unified single trading

license granted/renewed under section 53 for

inter-state trade.— (1) Notwithstanding

anything contained in this Act, Government

may allow holder of unified single trading

licence bearing Unicode, issued by any other

State or Union Territory to undertake trade

transactions

within

its

geographical

jurisdiction on e-platform or any other format

that may be in operation, as trader.

(2) Such licensee shall be liable to pay the

market fee and other marketing charges at the

rate applicable, where trade transactions has

taken place, in the manner as prescribed.

(3) In case of contravention of any of the

provisions of this Act/Rules/Bye-laws,

instructions or orders, the Marketing Board

shall, after giving an opportunity of being

heard, blacklist such licensee for trading

purpose only within their respective

jurisdiction, when a contravention has

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occurred, for a certain period or forever based

on the gravity of breach/violation of provisions

of this Act/Rules/Bye-laws, instructions or

orders.

Explanation.— The expression ‘blacklisting’

of licence for a certain period means

temporary suspension of licence for certain

period and blacklisting the licensee forever

means permanent cancellation of licence.

(4) The Marketing Board of the respective

jurisdiction, wherein the contravention occurs,

may simultaneously submit a proposal

detailing the type and nature of contravention

with evidence, to the concerned licence

issuing State or Union Territory as the case

may be, for taking further appropriate action

against the contravener.

56. Grant/Renewal of licence for direct

marketing.— (1)Any person, including a

Farmers’ Cooperative, Farmers’ Producer

Organization (FPO) and Processor/Exporter,

desires to purchase agricultural produce

directly from farmers outside the principal

market yard, sub-market yard, market sub-

yard, private market yard, shall apply to the

Marketing Board for grant or renewal of

licence, as the case may be, in such form and

in such manner and for such period, as

prescribed.

(2) An application for direct marketing shall

accompany such reasonable fee and security/

/bank guarantee, as prescribed.

(3) The application received under

sub-section (1) may be rejected by an order

for reasons to be recorded in writing after

giving the applicant an opportunity of being

heard.

(4) A direct marketing licence granted or

renewed under this section shall be subject

to such terms and conditions, as prescribed;

and the licensee shall be bound to follow the

terms and conditions of the licence. The

licensee shall also follow the provisions of this

Act and Rules made thereunder.

57. Suspension or Cancellation of direct

marketing licence.— The provisions contained

in section 52 shall mutatis mutandis apply for

suspension/cancellation of licence granted/

/renewed under section 56.

58. Dispute settlement.— Any dispute

arising between/among licensees for private

market yard, farmer-consumer market yard,

market sub-yard and direct marketing, on

between/among licensee and marketing

Board may be resolved by the State Marketing

officer, in a summary manner within thirty

days, after giving the parties a reasonable

opportunity of being heard.

59. Appeal.— (1) Any person aggrieved by

the order of the Marketing Board, may prefer

an appeal to the Government or such Officer

authorized by it, in such form and in such

manner as prescribed, within thirty days from

the date of receipt of such order. The appeal

shall disposed of within thirty days, after

giving the parties a reasonable opportunity of

being heard.

(2) The Appellate Authority, if it consider it

necessary so to do, grant a stay on the order

appealed against for such period as it may

deem fit.

(3) The order passed in the appeal by the

Appellate Authority under this section shall be

final and binding on all parties. Such order

issued by the Appellate Authority shall have

the force of the decree of a Civil Court and shall

be enforceable as such.

60. Bar of jurisdiction on Civil Courts.— (1)

No Civil Court shall have jurisdiction to settle,

decide or deal with any question or to

determine any matter which is by or under this

Act required to be settled, decided or dealt

with an authority under this Act.

(2) No Court shall take cognizance of an

offence under this Act, except upon a

complaint by the Marketing Board.

60A. Registration of wholesale ad hoc

buyer.— Any person desirous of wholesale

adhoc buying either from the market-yard or

from outside the market-yard, on day to day

basis for his own consumption even without

valid licence granted under this Act, may

register with the concerned Marketing Board,

in such form and in such manner, as prescribed:

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(a) Such buyer will specify the place and

day of purchase while making the

registration; or afterward before purchase;

(b) In case such purchase is undertaken

in the market yard, the buyer shall be liable

to pay market fee at the applicable rate to

the Marketing Board and on purchase

undertaken outside the market yard, the

buyer shall pay one-half of the applicable

market fee to the Marketing Board:

Provided that such wholesale ad hoc

purchases cannot be made more than three

times in a month across the State.

12.

Insertion of new chapter VIIIA.—After

chapter VIII of the principal Act, the following

chapter shall be inserted, namely:—

“Chapter VIIIA”

E-TRADING

60B. Establishment/Promotion of Electronic

Trading Platform.— (1) No person shall

establish and run any electronic trading

platform for trading in notified agricultural

produce including livestock without obtaining

a licence under this section.

(2) Save as provided in sub-section (1), the

Government or its agencies may, however,

establish and run e-trading platform for trading

in notified agricultural produce including

livestock, as prescribed.

60C. Grant/Renewal of licence to establish

electronic trading platform.— (1) Any person

desirous of establishing an e-trading platform

under sub-section (1) of section 60B shall apply

to the Marketing Board in such form and in

such manner along with such fee, security/

/bank guarantee and by fulfilling such

conditions, as prescribed.

(2) The application received for grant or

renewal of licence may be rejected for reasons

to be recorded in writing by the marketing

Board:

Provided that the provision contained in the

proviso to sub-section (3) of section 5 shall

maintain mutatis mutandis apply for deciding

the application received under this section.

(3) The e-trading platform managed and

operated by a person or Government or its

agencies, as the case may be, shall provide all

infrastructures and services connected to

e-trading, as prescribed.

(4) The licensee or its management

committee, may collect user charge on

sale transactions of notified agricultural

produce including livestock on the e-trading

platform:

Provided that no user charge shall be

collected from agriculturist-seller:

Provided further that Government in public

interest may from time to time, by notification,

put ceiling on the rate of collection of user

charge.

(5) The e-trading platform licensee shall

contribute such user charge collection, to the

separate “Marketing Board Fund” maintained

by the Marketing Board at the rate in

percentage as decided by the Marketing Board

from time to time. Such Fund shall be utilized

for the purposes specified in sub-section (5) of

section 5D of this Act.

60D. Integration of warehouses/silos/cold

storages or other such structure or space,

declared as market sub-yard to e-platform.—

A person who is issued licence under section

51, desirous to link to e-platform of Government

of India, may apply, through Government/

Marketing Board or its agencies, to the

Department of Agriculture, Co-operation and

Farmer’s Welfare, in such form and in such

manner, as prescribed.

60E. Integration of private market.— A

licensee of private market yard, desirous of

integrating with e-trading portal, may apply

through Government or its agencies to the

Government of India in such manner, as

prescribed.

60F. Interoperability of e-trading platform.—

In order to evolve a unified National

Agricultural Market and integrate various e-

platforms, the applications in the e-platform(s)

should be interoperable as per specifications

and standards laid down by the Marketing

Board.

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60G. Payment to the sellers and maintenance

of accounts.— (1) Notwithstanding anything

contained in this Act, payment of notified

agricultural produce including livestock

traded on electronic platform shall be made

same day of the sale transactions to the seller

or in the maximum next day, if procedurally

so required. In procedural exigencies on

electronic trading, the payment to the seller

may be made in such a manner as prescribed

in Rules or Bye-laws.

(2) The licensee or Marketing Board, as the

case may be, shall maintain accounts of all the

transactions taken place on electronic platform

and submit such periodical reports and returns

to the Managing Director or the authorized

Officer, at such time and in such forms, as may

be specified by the Government, from time to

time.

60H. Suspension or Cancellation of licence

of electronic trading platform.— The

Marketing Board may by order and for the

reasons to be recorded in writing, suspend or

cancel the licence granted under section 46B:

Provided that no order for suspension or

cancellation of licence shall be passed without

giving a reasonable opportunity of being heard

to the licensee.

60I. Dispute settlement.— Any dispute

arising,-

(i) between/among the licensees

specified in section 46B; or

(ii) between/among licensees of e-trading

platforms and Marketing Board, shall be

resolved by the Officer authorized by the

Government, in summary manner within

thirty days, after giving the parties

reasonable opportunity of being heard.

60J. Dispute settlement with regard to intra-

State trade–transactions.— In case of any

dispute with regard to intra-State transactions

on e-platform, the redressal thereof shall be

done at the level of management committee of

the licensee or the Marketing Board, as the

case may be, through an administrative

process, or through the process of conciliation

and arbitration, within seven working days;

while in case of perishables it shall be within

three working days. The management

committee or Marketing Board, as the case

may be, shall dispose of the matter by issuing

reasoned order.

60K. Dispute settlement with regard to

Inter-State trade transactions.— In case of any

dispute arising out of inter-State trade

transactions on e-platform or any other such

platform, the Government can subscribe to

become part of such Authority, which may be

constituted by the Government of India or State

Government/Union Territory Administration

under the existing law or any law to be framed

therefore.”.

13. Substitution of Section 68.— For section

68 of the principal Act, following section shall

be substituted; namely:—

“68. Powers and functions of the State

Marketing Officer.— (1) Subject to the

provisions of this Act, the State Marketing

Officer may exercise such powers and

perform such functions other than those

prescribed for the Secretary under this Act,

which would enable proper execution of the

provisions of this Act. The Government may

delegate any or all the regulatory powers

vested in it under this Act and Rules to the

State Marketing Officer.

(2) In particular and without prejudice

to the generality of the provisions of

sub-section (1), the functions of the State

Marketing Officer may include;

(i) black listing the operation of inter-

-state trading licence within the State

jurisdiction issued by another State;

(ii) supervision on the Marketing Board

for effective execution of provisions of the

Act and Rules made thereunder relating

to transactions of agricultural produce

including livestock taking place in the

principal market yards, sub-market yards

and market sub-yards;

(iii) enforcement of regulation in the

delineated market areas;

(iv) launch of prosecution for

contravening the provision(s) of the Act

and Rules made thereunder;

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(v) suggestion to the Government for

undertaking amendments to the Act and

Rules for effective execution of the

objectives of the Act;

(vi) approval of the Bye-laws framed by

the Marketing Board under this Act;

(vii) consenting the approval of the

budget of the Marketing Board;

(viii) accord sanction to the creation of

post of officers and staff of the Marketing

Board ;

(ix) taking steps for timely and proper

conduct of the elections of the Marketing

Board and activities connected thereto;

(x) acceptance of resignation of the

Chairperson of the Marketing Board;

(xi) to act as appellate authority for any

person aggrieved by an order of the

Marketing Board.”.

14. Amendment of section 81.— In section

81 of the principal Act, in sub-section (2) for

clause (xv) the following clauses shall be

substituted; namely:—

(xv) procedure for grant/renewal and

suspension/cancellation of unified single

trading licence;

(xvi) procedure for allowing unified single

trading licence for inter-state trade and its

blacklisting;

(xvii) procedure for grant/renewal of

licences to set up private market yard,

farmer-consumer market yard, market

sub-yard, electronic trading platform and for

direct

marketing

and

suspension/

/cancellation thereof;

(xviii) procedure and condition for

registration of wholesale ad hoc buyers;

(xix) procedure and terms and conditions

for declaring warehouse/silos/cold storage

or other such structure or space as market

sub-yard;

(xx) manner of dispute settlement

between/among

the

licensees

and

between/among

the

licensees

and

Marketing Board,etc;

(xxi) procedure for setting up of assaying

labs including in private sector and

promotion of quality certification system.

Constitution of committee with technical

members of linked and line department of

Government and Government of India to

promote quality certification system;

(xxii) provide necessary infrastructure

and logistic support for e-trading platform;

(xxiii) the manner in which auctions of

agricultural produce including e-auction

shall be conducted and bids made and

accepted;

(xxiv) annual tonnage or such annual

values and procedure for issuing licence for

market yard of National Importance;

(xxv) conditions and fees for establish-

ment of private market yard;

(xxvi) infrastructure to be built up/

/developed at a place and the manner for

establishing farmers-consumer market yard

(direct sale of Agricultural Produce by

farmers to consumer in retail);

(xxvii) period, fees, place, manner,

infrastructure and forms under which the

notification for declaring warehouse/silos/

/cold storage or other structure or place to

be declared as market sub-yard;

(xxviii) norms and procedure for

infrastructure for backward and forward

linkage to retail, processing and export

chain, place of direct marketing and the

manner in which the records are to be

maintained in respect of direct marketing;

(xxix) manner and procedure for

establishing E-Trading platform for trading

notified agricultural produce and livestock

and infrastructure, conditions, fees,

securities and forms required for issuing

licence toe-trading platform.

(xxx) linking market sub-yard and private

market yard to e-platform of Government of

India;

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(xxxi) specification for procedure and

condition of payment in relation to the

transactions undertaken on e-trading

platform;

(xxxii) agreement listing out the terms

and conditions of buying and selling of

notified agricultural produce and livestock

between two or more traders in the

principal market, sub-market yard and

market sub yard;

(xxxiii) any other matter which has to be,

or may be prescribed.

Place: Raj Bhavan,

SATYA PAL MALIK,

Date: 15-05-2020.

Governor of Goa.

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