{ "id": 16250, "slug": "the-agricultural-produce-marketing-development-and-regulation-act-2007", "title": "The Agricultural Produce Marketing (Development and Regulation) Act, 2007", "short_title": "The Agricultural Produce Marketing (Development and Regulation) Act, 2007", "act_number": "(Goa Act 11 of 2007)", "act_year": 2007, "act_type": "STATE", "location": "Goa", "law_status": "unknown", "enactment_date": null, "description": "The Agricultural Produce Marketing (Development and Regulation) Act, 2007", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(a) \"agricultural produce\" means all produce (whether processed or unprocessed) of agriculture, horticulture, apiculture, sericulture, livestock and products of livestock, forest produce, etc., as are specified in the Schedule or declared by the Government by Notification from time to time and also includes mixture of two or more than two of such products;\n(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-\n(a) a member of a co-operative society registered in the State of Goa which is dealing with agricultural produce; or\n(b) a person who has sold agricultural produce to the co-operative society, of the value not less than Rs. 5000/- 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;\n(c) \"bill\" means a bill issued by the traders as prescribed;\n(d) \"business\" means the purchase, sale, processing, value addition, storage, transportation or other connected activity of agricultural produce;\n(e) \"buyer\" means a person or a firm or a company or a co-operative society or a Government agency or a public undertaking or a public agency or a corporation or a commission agent, who himself or on behalf of any other person or agent, buys or agrees to buy agricultural produce in the market area as notified under this Act;\n(f) \"bye-laws\" means the bye-laws made by the Goa Agricultural Marketing Board under this Act;\n(g) \"Collector\" means the Collector of the district or any officer empowered to discharge the duties of the Collector under the provisions of this Act;\n(h) \"commission agent\" means a person who on behalf of his principal trader and in consideration of a commission on the amount involved in such transaction, buys agricultural produce and keeps it in his custody and delivers it to the principal trader in due course or receives and takes in his custody agricultural produce sent for sale within the market area or from outside the market area, sells the same in the market area and collects payment thereof from the buyer and remits the sale proceeds to his principal trader;\n(i) \"contract farming\" means farming by a person called \"Contract Farming Producer\" under a written agreement with another person called \"Contract Farming Sponsor\" to the effect that his agricultural produce shall be purchased as specified in the contract farming agreement;\n(j) \"contract farming agreement\" means the agreement made for contract farming between Contract Farming Producer and Contract Farming Sponsor;\n(k) \"contract farming producer\" means an individual agriculturist or association of agriculturists, by whatever name called;\n(l) \"contract farming sponsor\" means a person entering into contract with the contract farming producer in terms of section 46 of this Act;\n(m) \"District Council\" means a Zilla Panchayat established under the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994);\n(n) \"export\" means dispatch of agricultural produce outside India;\n(o) \"exporter\" means such person or a firm who exports agricultural produce;\n(p) \"e-trading\" means trading in which billing, booking, contracting, negotiating, information exchange, record keeping and other connected activities are done electronically on computer network or internet;\n(q) \"Government\" means the Government of Goa;\n(r) \"hamal\" means a labourer or coolie engaged for Dara-making, loading, unloading, filling, stitching, emptying or carrying any agricultural produce in the notified market area;\n(s) \"Import\" means bringing agricultural produce in India from other country;\n(t) \"Importer\" means a person or firm who imports agricultural produce;\n(u) \"Licence\" means a licence granted under this Act;\n(v) \"Licensee\" means a person or association or firm or company or public sector undertaking or society holding a licence issued under this Act;\n(w) \"local authority\" means and includes a Village Panchayat or Zilla Panchayat or Municipal Council or Municipal Corporation, as the case may be;\n(x) \"Market\" means a market area declared under section 4 of this Act and includes market yard and sub-yards;\n(y) \"market area\" means area notified as market area under section 4 of this Act;\n(z) \"market charges\" includes charges on account of or in respect of commission, brokerage, weighing, measuring, hamali (loading, unloading and carrying), cleaning, drying, stitching, stacking, hiring, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing;\n(za) \"market functionary\" means a trader, a commission agent, buyer, hamal, processor, stockist and such other person as may be declared under the rules or bye-laws to be a market functionary;\n(zb) \"market yard\" means a specified place and includes any enclosure, building or locality declared as such in any market area by the Government;\n(zc) \"marketing\" means all activities involved in the flow of agricultural produce commencing from the stage of harvest till it reaches to the ultimate consumers, viz. grading, processing, storage, transport, channels of distribution and all other activities involved in the process;\n(zd) \"Marketing Board or Board\" means the Goa Agricultural Marketing Board established under section 10 of this Act;\n(ze) \"notified agricultural produce\" means any agricultural produce notified under section 4 of this Act;\n(zf) \"Other Backward Classes\" means the other backward classes of citizens as specified by the Government from time to time;\n(zg) \"prescribed\" means prescribed by rules made under this Act;\n(zh) \"private market yard\" means such place other than the market yard or sub-market yard in the market area where infrastructure has been developed and managed by a person for marketing of notified agricultural produce by holding a licence for this purpose under this Act;\n(zi) \"processing\" means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical mode of treatment to which agricultural produce or its product is subjected to;\n(zj) \"processor\" means a person who undertakes processing of any notified agricultural produce on his own accord or on payment of a charge;\n(zk) \"registration\" means registration done under this Act;\n(zl) \"retail sale\" means a sale of notified agricultural produce not exceeding such quantity as the Marketing Board may, by bye-laws, determine for retail sale in respect thereof;\n(zm) \"rules\" means rules made under this Act by the Government;\n(zn) \"Schedule\" means the Schedule to this Act;\n(zo) \"schedule castes/schedule tribes\" shall carry the same meaning as assigned to them under clause (24) and (25) respectively of Article 366 of the Constitution of India;\n(zp) \"Secretary\" means the Secretary of the Marketing Board and includes a Joint, Deputy or Assistant Secretary of the Marketing Board;\n(zq) \"seller\" means a person who sells or agrees to sell any agricultural produce;\n(zr) \"State Marketing Officer\" means a person appointed as the State Marketing Officer for the State of Goa;\n(zs) \"Sub-market yard\" means a specified place other than market yard and includes any enclosure, building or locality, declared as such in any market area by the Government or the State Marketing Officer, by notification;\n(zt) \"trader\" means a person who in his normal course of business buys or sells any agricultural produce and includes a person engaged in processing of agricultural produce but does not include an agriculturist;\n(zu) \"transportation\" means taking agricultural produce by pushcart, bullock cart, truck or other vehicle, in the course of business, for marketing, from one place to another;\n(zv) \"transporter\" means a person who transports agricultural produce;\n(zw) \"Value addition\" means processing, grading, packing or other activities due to which value is added to the agricultural produce;\n(zx) \"Year\" means the financial year or such year as may be notified by the Government from time to time.\nChapter II\nEstablishment of Markets", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Notification of intention of developing and regulating marketing of agricultural produce in specified area.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Declaration of market areas and development and regulation of marketing of specified agricultural produce therein.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Management of market yards, sub-market yards, Farmers/Consumer/Market and Private Market.", "chapter": null, "content": "(i) market yard managed by the Marketing Board;\n(ii) one or more than one sub-market yards managed by the Marketing Board;\n(iii) one or more than one private market yards/private markets managed by a person other than the Marketing Board;\n(iv) one or more than one farmer's/consumer's markets managed by a person other than the Marketing Board.", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Notification of intention to alter limits of or to amalgamate or to split a market area.", "chapter": null, "content": "(i) to alter the limits of a market area by including within it any other area in the vicinity thereof or by excluding therefrom any area comprised therein; or\n(ii) to amalgamate two or more market areas and constitute one market area thereof.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "6", "title": "7. Procedure subsequent to notification under section 6.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Effect of alteration of limits.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Power of Government to issue consequential order.", "chapter": null, "content": "(b) Where a notification is issued under sub-section (1) of section 6 including any area within a market area, the Government may pass such consequential orders as it may deem fit in respect thereof and the sub-committee constituted for such market area before the date of such exclusion or inclusion, shall, notwithstanding anything contained in this Act, continue to be sub-committee for the said excluded or included area until the declaration of such areas as market area under this Act.\nChapter III\nConstitution of Marketing Board", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Establishment of the Marketing Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Incorporation of the Marketing Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Constitution of the Marketing Board.", "chapter": null, "content": "(a) Eleven agriculturist members to represent agriculturists from each taluka of the State of Goa to be elected by the agriculturists only from the respective talukas;\n(b) two female agriculturists members, one each from the North Goa District and the South Goa District, to be elected by the agriculturists only in the manner prescribed;\n(c) one trader holding 'A' class licence to be elected from amongst traders of all classes;\n(d) one Chairman of a co-operative society registered in the State of Goa, having a valid licence from the Marketing Board, doing the business of notified agricultural produce in the market area, to be elected from amongst the Chairmen of co-operative societies;\n(e) two members to be nominated by the Government, one being from the office of the Registrar of Co-operative Societies, Government of Goa, and the other being from the Department of Agriculture, Government of Goa, to function during the term of the Marketing Board;\n(f) President of the Goa Cashew Manufacturers Association;\n(g) the Secretary of the Marketing Board, to function during the term of the Marketing Board.", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Election and term of office of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Preparation of list of voters and statement of expenditure.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Commencement of term of office of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Appointment of Administrator or Committee of Administrators after expiry of the normal or extended term of office of members.", "chapter": null, "content": "(a) direct that all members of the Marketing Board shall, as from the date specified in the Order, cease to hold and vacate their offices as members or otherwise; and\n(b) appoint a person or the Committee comprising of not more than three members, from time to time, as the Administrator or the Committee of Administrators, as the case may be, to manage the affairs of the Marketing Board, for the period specified in the order upto the date of the first meeting of the reconstituted Board after the election is held (hereinafter in this section referred to as the \"said period\") and election shall be held within a period of six months from the date, the Administrator or the Committee of the Administrators, as the case may be, assumes office:", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Resignation of members and nominations in certain circumstances.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Removal of members for misconduct.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Casual vacancies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Election of Chairman and Vice-Chairman.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Term of office of Chairman and Vice-Chairman.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Chairman and Vice-Chairman to hold office until their successors enter upon office.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Honorarium to Chairman and Vice-Chairman.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Procedure for election of Chairman and Vice-Chairman.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Resignation of Chairman and Vice-Chairman.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Motion of no-confidence against Chairman or Vice-Chairman.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Consequences of absence of Chairman, Vice-Chairman or member without leave.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Vacancies in office of Chairman and Vice-Chairman to be filled up.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. Refusal to hand over charge to new Chairman or Vice-Chairman.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Meetings, etc. of Marketing Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Members to act during vacancy and acts of Marketing Board, etc., not to be invalidated by informalities.", "chapter": null, "content": "Chapter IV\nPowers and duties of Marketing Board", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Powers and duties of Marketing Board.", "chapter": null, "content": "(a) regulate the entry of persons and of vehicular traffic into the market;\n(b) supervise the behaviour of the persons who enter the market for transacting business;\n(c) grant, renew, refuse, suspend or cancel licences;\n(d) maintain and manage the market, including admissions to and conditions for use of market within the market area;\n(e) provide for necessary facilities required for the marketing of agricultural produce within the market in the market area;\n(f) regulate and supervise the auctions of notified agricultural produce in accordance with the provisions and procedure laid down under the rules made under this Act or the Bye-laws of the Marketing Board;\n(g) regulate the making, carrying out and enforcement or cancellation of agreements of sales, weighment, delivery, payment and all other matters relating to marketing of notified agricultural produce in the prescribed manner;\n(h) take all possible steps to prevent adulteration and to promote and organize grading and standardization of agricultural produce;\n(i) take measures for the prevention of purchase and sale below the minimum support prices as fixed by the Government from time to time;\n(j) collect, maintain, disseminate and supply information in respect of production, sales, storage, processing, prices and movement of notified agricultural produce including information relating to crops, statistics and marketing intelligence as may be required by the State Marketing Officer;\n(k) arrange to obtain fitness (health) certificate from veterinary doctor in respect of animals, cattle, birds, etc., which are bought or sold in the market area;\n(l) carry out the publicity about the benefits of regulation, system of transaction facilities provided in the market area through such media as, in the opinion of the Marketing Board, may be effective or necessary;\n(m) provide for settlement of disputes arising out of any kind of transactions connected with the marketing of agricultural produce and all matters incidental and ancillary thereto;\n(n) subject to the provisions of section 11, acquire, hold or dispose off any movable or immovable property for the purpose of efficiently carrying out it's duties;\n(o) institute or defend any suit, prosecution, action, proceedings, application or arbitration and compromise such suit or action;\n(p) make arrangement for holding of elections of the Marketing Board in the prescribed manner;\n(q) levy, take, recover and receive charges, fees, rates and other sums or money to which the Marketing Board is entitled;\n(r) subject to approval of the State Marketing Officer, obtain loans, subsidies, subventions from the State and Central Government or any financing agency for providing warehousing and marketing facilities in the market;\n(s) subject to approval of the State Marketing Officer, prepare budgets, supplementary budgets, make re-appropriation in the budget and incur expenditure accordingly;\n(t) keep a set of standard weights and measures in the markets against which weighment and measurement may be checked;\n(u) inspect and verify the scales, weights and measures which are in use in the market area and also the books of accounts and other documents maintained by the licensee in such manner as may be prescribed;\n(v) administer the Marketing Board Fund referred to in section 44 of this Act and maintain the account thereof and get the same audited in the prescribed manner;\n(w) prosecute persons for violating the provisions of this Act, the rules and byelaws framed thereunder;\n(x) provide storage and warehousing facilities in the market area;\n(y) with the prior sanction of the Government or the State Marketing Officer, undertake any other activity conducive to the promotion or regulation of marketing of agricultural produce;\n(z) perform such other duties as may be prescribed;", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. Appointment of sub-committees and delegation of power.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. Power to levy market fees (single point levy).", "chapter": null, "content": "(i) on the sale or purchase of notified agricultural produce, whether brought from a place within the State or from a place outside the State, into the market area; and\n(ii) on the notified agricultural produce, whether brought from a place within the State or from a place outside the State, into the market area for processing; at such rates as may be fixed by the Government from time to time subject to a minimum rate of one rupee and maximum of two rupees for every one hundred rupees of price of agricultural produce, in the manner prescribed.\n(i) for the second time in other market area of the State, where such market fee has already been paid on a particular agricultural produce in any market area of the State and the information to that effect has been furnished by the concerned person in the manner prescribed.\n(ii) more than once in any market area, in case the agricultural produce is being resold in the process of commercial transaction between traders or two consumers, provided that, the information to that effect has been furnished by the concerned person in the manner prescribed.", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "35", "title": "35. Power to borrow.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Power to order production of accounts, entry, inspection and seizure.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "37", "title": "37. Power to stop vehicles and inspect store.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "38", "title": "38. Power to write off loss, shortage of fee, etc., which is irrecoverable.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "39", "title": "39. Execution of contracts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "40", "title": "40. Certain disputes regarding weights and measures to be decided by the Secretary of the Marketing Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "41", "title": "41. Power to grant exemption from payment of market fees.", "chapter": null, "content": "Chapter V\nStaff of Marketing Board", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "42", "title": "42. Power of the Marketing Board to employ staff.", "chapter": null, "content": "Chapter VI\nBudget and Fund of the Marketing Board", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "43", "title": "43. Preparation and sanction of budget.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "44", "title": "44. Marketing Board fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "45", "title": "45. Application of Marketing Board fund.", "chapter": null, "content": "(i) the acquisition of a site or sites for the market;\n(ii) the establishment, maintenance and improvement of the market yard;\n(iii) the construction and repairs of building necessary for the purpose of the market yard and for convenience or safety of the persons using the market yard;\n(iv) the maintenance of standard weights and measures;\n(v) the meeting of establishment charges including payment and contribution towards provident fund, pension and gratuity of the officers and servants employed by the Marketing Board;\n(vi) loans and advances to the employees of the Marketing Board;\n(vii) the payment of interest on the loans that may be raised for the purpose of the market and for provision of sinking fund, in respect of such loans;\n(viii) the collection and dissemination of information relating to crop statistics and marketing of agricultural produce;\n(ix) meeting the expenses incurred in auditing the accounts of the Marketing Board;\n(x) payment of honorarium to the Chairman, Vice-Chairman, travelling allowances to the Chairman, Vice-Chairman and other members of the Marketing Board and sitting fees payable to members for attending the meetings;\n(xi) contribution to the National Council of State Agricultural Marketing Boards as prescribed;\n(xii) contribution to any scheme for development of agricultural marketing including transport;\n(xiii) to provide facilities like grading, standardization, quality certification services and communication to agriculturists in the market area;\n(xiv) to provide for development of agricultural produce in the market area;\n(xv) payment of expenses on elections under this Act;\n(xvi) incurring of all expenses on research training in marketing of agricultural produce;\n(xvii) prevention, in conjunction with other agencies, viz. State, Central and others, of distress sale of agricultural produce;\n(xviii) fostering co-operative marketing and assisting co-operative marketing societies in the procurement and organization of profitable disposal of produce, particularly the produce belonging to small and marginal farmers;\n(xix) to create and promote, on it's own or through public or private partnership, infrastructure of post-harvest handling of agricultural produce, cold storage's, pre-cooling facilities, pack houses and all such infrastructure which is required to develop modern market system;\n(xx) any other purpose connected with the marketing of agricultural produce under this Act which is in the public interest, subject however, that the expenditure thereon is made with the prior sanction of the State Marketing Officer.\nChapter VII\nContract Farming", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "46", "title": "46. Procedure and Form of Contract Farming Agreement.", "chapter": null, "content": "(1) Contract Farming Sponsor shall register himself with the Marketing Board or with the officer authorised by the Marketing Board in that behalf in such manner as may be prescribed.\n(2) The Contract Farming Sponsor shall get the Contract Farming Agreement recorded with the officer authorised by the Marketing Board, in this behalf.\n(3) The Contract Farming Agreement shall be in such form and contain such particulars, terms and conditions as may be prescribed.\n(4) Notwithstanding anything contained in the Contract Farming Agreement, no title, rights, ownership or possession, shall be transferred, alienated or vest in the contract farming sponsor, his successor or his agent as a consequence arising out of such Contract Farming Agreement.\n(5) Any dispute arising out of the Contract Farming Agreement shall be referred to an authority prescribed in that behalf for settlement. The prescribed authority shall resolve the dispute in a summary manner within 30 days from the date of receipt of such reference after giving the parties a reasonable opportunity of being heard.\n(6) Any party aggrieved by the decision of the prescribed authority may prefer an appeal to the prescribed Appellate Authority within thirty days from the date of decision and such Appellant Authority shall dispose of the appeal within thirty days from the date of such appeal after giving the parties a reasonable opportunity of being heard and the decision of the Appellate Authority shall be final and binding upon the parties thereto.\n(7) The decision of the authority under sub-section (5) and the decision in the appeal under sub-section (6) shall have force of a decree of the civil court and shall be enforceable as such and the decretal amount shall be recovered as arrears of land revenue from the party thereto.\n(8) Any dispute relating to or arising out of Contract Farming Agreement shall not be called in question in any Court of Law.\n(9) The agricultural produce covered under the Contract Farming Agreement may be sold to the Contract Farming Sponsor outside the market area which shall be free from levy of market fees.\nChapter VIII\nRegulation of Trading", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "47", "title": "47. Regulation of marketing of agricultural produce.", "chapter": null, "content": "(i) use any place in the market area for the marketing of notified agricultural produce; or\n(ii) operate in the market area as a market functionary.\n(i) the sale of agricultural produce which is made by the producer himself to any person for his domestic consumption upto the quantity of one quintal;\n(ii) notified agricultural produce which is brought for sale by head load, provided that the Government may by notification, withdraw this exemption specifying the reasons therein in respect of such market area as is specified in the notification;\n(iii) the purchase or sale of notified agricultural produce which is made by a petty trader;\n(iv) purchase of notified agricultural produce which 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 Government for distribution of essential commodities through the public distribution system;\n(v) the transfer of agricultural produce to a co-operative society for the purpose of securing an advance therefrom.", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "48", "title": "48. Sale of agricultural produce in markets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "49", "title": "49. Terms and procedure of buying and selling.", "chapter": null, "content": "(b) In case the purchaser does not make payment as provided under clause (a), he shall be liable to penalty at the rate of one percent per day on the total price of the agricultural produce payable to the seller, for five days from the date on which such amount is payable;\n(c) In case the purchaser does not make payment to the seller as provided under clause (b) above, within five days, his license and registration shall be deemed to have been cancelled on the sixth day of such purchase and he shall not be registered or granted any license or permitted to operate under this Act for a period of one year from the date of such cancellation.\n(a) to keep the goods of his principal in safe custody without any charge other than the commission payable to him; and\n(b) to pay the price of the goods to the principal as soon as the goods are sold by him irrespective of the fact that whether he has received or has not received the price from the buyer of such goods.", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "50", "title": "50. Permission for transportation of agricultural produce.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "51", "title": "51. Registration of functionaries.", "chapter": null, "content": "(i) the applicant is a minor or the application is not bonafide ;\n(ii) the applicant has been declared defaulter under any Act or rules on bye-laws made thereunder;\n(iii) the applicant has been found guilty under this Act.\n(ii) On expiry of the period of two weeks from the date of receipt of the reminder by the Marketing Board and receipt of information by such authority, if the application is not disposed off, it shall be deemed that the registration or it's renewal, as the case may be, has been granted.\n(iii) The authority, on the basis of information received by it and after expiry of period of two weeks specified above, shall confirm that the application for registration/renewal was submitted to the Marketing Board and due action has not been taken by the Marketing Board for disposal of the same and then it shall issue a certificate as per clause (ii) of sub-section (5) regarding grant of deemed registration or its deemed renewal within two weeks time.", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "52", "title": "52. Establishment of private yard, and direct purchase of agricultural produce from agriculturist (direct purchasing from producer).", "chapter": null, "content": "(a) the purpose of processing the notified agricultural produce;\n(b) trade of notified agricultural produce of particular specification;\n(c) export of notified agricultural produce;\n(d) grading, packing and any other activity so as to add value to agricultural produce.", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "53", "title": "53. Establishment of consumer/farmer market (Direct sale by the producer).", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "54", "title": "54. Grant/renewal of license of private yard/consumer/farmer market and weighman.", "chapter": null, "content": "(i) the Marketing Board's dues are outstanding against the applicant;\n(ii) the applicant is minor or the application is not bona fide ;\n(iii) the applicant has been declared defaulter under any Act or rules and bye-laws made thereunder;\n(iv) the applicant has been declared guilty in any criminal case and convicted by imprisonment;\n(v) any other ground, as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "55", "title": "55. Power to cancel or suspend license/registration.", "chapter": null, "content": "(a) the license or registration has been obtained through wilful misrepresentation or fraud; or\n(b) the holder of the license or registration or any of his servants or any one acting on his behalf with his express or implied permission, commits breach of any of the terms or conditions of license/registration; or\n(c) the holder of the license/registration in combination with other license/registration holder commits any act or abstains from carrying on his normal business in the market area with the intention of wilfully obstructing, suspending or stopping the marketing of notified agricultural produce in the market yard/sub-market yard as a consequence of which the marketing of any notified agricultural produce has been obstructed, suspended or stopped; or\n(d) the holder of the license/registration has been adjudged as an insolvent; or\n(e) the holder of the license/registration incurs any disqualification, as may be prescribed; or\n(f) the holder of license/registration is convicted of any offence under this Act.", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "56", "title": "56. Appeal.", "chapter": null, "content": "(a) to the State Marketing Officer, where such order is passed by the Chairman/Secretary of the Marketing Board, within seven days of receipt of the order;\n(b) to the State Marketing Officer, where such order is passed by the Marketing Board, within thirty days of receipt of the order; and\n(c) to the Government, where such order is passed by the State Marketing Officer, within thirty days of receipt of the order.", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "57", "title": "57. Redressal of dispute between Farmer market or Consumer market and Marketing Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "58", "title": "58. Prohibition of trade allowances other than those specified under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "59", "title": "59. Submission of annual account by licensee/registered functionaries and assessment of market fee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "60", "title": "60. Assessment of market fees payable to Marketing Board by the licensed/registered functionaries.", "chapter": null, "content": "Chapter IX\nPenalties", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "61", "title": "61. Penalty for contravention of Act, rules and bye-laws.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "62", "title": "62. Recovery of market dues.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "63", "title": "63. Cognizance of offences.", "chapter": null, "content": "Chapter X\nControl", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "64", "title": "64. Inspection of markets and inquiry into the affairs of the Marketing Board.", "chapter": null, "content": "(a) inspect or cause to be inspected the accounts and offices of the Marketing Board;\n(b) hold inquiry into the affairs of the Marketing Board;\n(c) call from the Marketing Board, return, statement, accounts or reports which he may think fit to require the Board to furnish;\n(d) require the Marketing Board to take into consideration. -\n(i) any objection, on the ground of illegality, inexpediency or impropriety which appears to him to exist, to the doing of anything or which is about to be done or is being done by or on behalf of the Board;\n(ii) any information he is able to furnish and which appears to him to necessitate the doing of a certain thing by the Board;\n(e) direct that, anything which is about to be done or is being done, should not be done, pending consideration of the reply and anything which should be done but is not being done should be done within such time as he may direct.", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "65", "title": "65. Powers to remove a member of the Marketing Board.", "chapter": null, "content": "(a) such member, Chairman or Vice-Chairman has been guilty for misconduct or for gross negligence of his duty as member, Chairman or Vice-Chairman;\n(b) such member, Chairman or Vice-Chairman has ceased to hold the qualification necessary for his being a member, Chairman or Vice-Chairman, as the case may be.\n(2) No order of removal under sub-section (1) shall be passed unless the person concerned has been given a reasonable opportunity of submitting an explanation in respect of the allegations against him.", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "66", "title": "66. Supersession of the Marketing Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "67", "title": "67. Consequence of supersession of Marketing Board.", "chapter": null, "content": "(i) all the members including the Chairman, Vice-Chairman of the Marketing Board shall, as from the date of publication of the notification, be deemed to have vacated their offices;\n(ii) the Government shall direct that steps be taken for constitution of new Marketing Board under section 12 and till the time a new Marketing Board under section 12 is constituted as aforesaid, the State Marketing Officer shall make such arrangements for carrying out the functions of the Marketing Board as he may deem fit for a period not exceeding six months and for that purpose, he may direct that all the functions, powers and duties of the Marketing Board and it's Chairman under this Act, shall be performed, exercised and discharged by such person or authority as the State Marketing Officer may appoint in this behalf and such person or authority shall be deemed to be Marketing Board or Chairman, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "68", "title": "68. Power of State Marketing Officer to direct Marketing Board for amending bye-laws.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "69", "title": "69. Power of the State Marketing Officer to prohibit execution of resolution passed or order made by the Marketing Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "70", "title": "70. Power to call for proceedings of Marketing Board and the State Marketing Officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "71", "title": "71. Liability of Chairman, Vice-Chairman, members and employees for loss, waste or misappropriation, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "72", "title": "72. Power of the Government to amend Schedule.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "73", "title": "73. Power of Government to give directions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "74", "title": "74. Recovery of sums due to the Marketing Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "75", "title": "75. Chairman, Vice-Chairman, members, officers and servants of the Marketing Board to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "76", "title": "76. Delegation of powers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "77", "title": "77. Bar to civil suit and protection to persons acting in good faith.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "78", "title": "78. Bar to suit in absence of notice.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "79", "title": "79. Duty of local authority to give information and assistance.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "80", "title": "80. Act not to be invalidated by informality, vacancy, etc.", "chapter": null, "content": "(a) any vacancy or defect in the constitution of the Marketing Board;\n(b) any defect or irregularity in the appointment of the person acting as a member thereof;\n(c) any defect or irregularity in such act or proceedings, not affecting the substance.\nChapter XI\nRules and Bye-Laws", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "81", "title": "81. Power to make rules.", "chapter": null, "content": "(i) other manner of publication of. notification as provided in sub-section (1) of section 3;\n(ii) the manner of election of female agriculturists as members on the Marketing Board, as provided in clause (b) of sub-section (1) of section 12;\n(iii). the manner of election of members as provided in sub-section (1) of section 13;\n(iv) the period during which a Chairman or a Vice-Chairman shall hold office as provided in section 21;\n(v) the limit of the total amount of honorarium to be paid to the Chairman and the Vice-Chairman of the Marketing Board as provided in section 23;\n(vi) the manner of periodical inspection of all weights and measures and weighing and measuring instruments in use in a market area, as provided in section 32 (2) (u) and\n(vii) the matters subject to which the powers conferred on the Secretary of the Marketing Board under section 42 shall be exercised as provided in sub-section (3) of section 42;\n(viii) form of budget of the Marketing Board and the date for submitting the same to the State Marketing Officer as provided in sub-section (1) of section 43;\n(ix) the manner in which the amount to the credit of the Marketing Board Fund shall be invested as provided in sub-section (1) of section 44 and the manner in which the money received by the Marketing Board as stated in sub-section (2) of section 44 shall be kept as provided in that sub-section;\n(x) the use of the Marketing Board Fund for making contribution to the National Council of State Agricultural Marketing Board, as provided in item (xi) of sub-section (1) of section 45;\n(xi) the manner of settling price of notified agricultural produce in the private yard, as provided in sub-section (3) of section 48;\n(xii) all matters as stated in sections 51, 53 and 54;\n(xiii) the manner of filing appeal as provided in section 56;\n(xiv) the manner of resolving dispute as provided in section 57;\n(xv) any other matter which has to be, or may be, prescribed.", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "82", "title": "82. Power to make bye-laws.", "chapter": null, "content": "(i) the regulation of business of the Marketing Board;\n(ii) the conditions of trading in a market;\n(iii) the delegation of powers, duties and functions to the officers and servants, appointment, pay, punishment, pension, gratuity, leave, leave allowances, contribution by them to any provident fund which may be established for the benefit of such officers and servants and other conditions of service;\n(iv) the delegation of powers, duties and functions to a sub-committee, if any;\n(v) market functionaries who are required to obtain licence under this Act;\n(vi) enabling and regulating e-trading;\n(vii) any other matter for which bye-laws are required to be made under this Act or it may be necessary to frame bye-laws for effectively implementing the provisions of this Act and the rules made thereunder in the market area.\nChapter XII\nRepeal and Savings", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "83", "title": "83. Repeal and Savings.", "chapter": null, "content": "(i) anything done or any action taken (including any appointment, delegation or declaration made, notification, rule, direction or notice issued, bye-laws framed, market area, markets, sub-markets, market yards and sub-market yards declared, established or notified, licences granted, fees levied and collected, instruments executed, any fund established or constituted) by or under the provisions of the repealed Act, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force unless and until superseded by anything done or any action taken under this Act;\n(ii) unless the Government otherwise directs, the Marketing Board constituted under the repealed Act, the Chairman, Vice-Chairman and members appointed shall continue to exercise their powers until the expiry of their term under the repealed Act or till the Marketing Board is constituted in accordance with the provisions of this Act, whichever is earlier.", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "84", "title": "84. Power to remove difficulty.", "chapter": null, "content": "Schedule\n[ See Sections 2 (A) and 72]\n(I) Fibres:\n(I) Fibres:\n(1) Cotton (ginned and unginned).\n(II) Cereals:\n(II) Cereals:\n(1) Wheat (husked and unhusked).\n(2) Paddy (husked and unhusked).\n(3) Jowar.\n(4) Bajri.\n(5) Vari.\n(6) Maize.\n(7) Sarsay.\n(8) Barley.\n(9) Ragi.\n(III) Pulses:\n(III) Pulses:\n(1) Tur\n(2) Gram.\n(3) Udid.\n(4) Mung.\n(5) Lang.\n(6) Peas.\n(7) Kulthi.\n(8) Splits (Dal of pulses).\n(9) Masur.\n(10) Ghevda Beans.\n(IV) Oilseeds:\n(IV) Oilseeds:\n(1) Groundnut (shelled and unshelled)\n(2) Linseed.\n(3) Sesame.\n(4) Sunflower.\n(5) Ambadi.\n(6) Coconut (husked and unhusked).\n(7) Tender Coconut.\n(8) Copra.\n(9) Cotton seed.\n(10) Kokum (and it's products).\n(V) Narcotics:\n(V) Narcotics:\n(1) Tobacco and it's products.\n(VI) Gur, Sugar and Sugarcane\n(VI) Gur, Sugar and Sugarcane\n(VII) Fruits:\n(VII) Fruits:\n(1) Mango and it's products.\n(2) Mosambi (sweet lime).\n(3) Santra (Orange).\n(4) Lemon.\n(5) Banana.\n(6) Grapes.\n(7) Chickoo.\n(8) Melon.\n(9) Water Melon.\n(10) Papaya.\n(11) Guava.\n(12) Bor.\n(13) Pineapple.\n(14) Jackfruit including it's products.\n(15) Cashew Apple.\n(16) Apple.\n(VIII) Vegetables:\n(VIII) Vegetables:\n(1) Potato.\n(2) Onion.\n(3) Tomato.\n(4) Suran.\n(5) Leafy and fresh vegetables.\n(6) Yam Potato.\n(7) Sweet Potato.\n(8) Ulsande.\n(9) Ladies finger.\n(10) Brinjal.\n(11) Cucumber.\n(12) Pumpkin.\n(13) Carrot.\n(14) Raddish.\n(IX) Animal Husbandry Products:\n(IX) Animal Husbandry Products:\n(1) Eggs.\n(2) Poultry.\n(3) Cattle.\n(4) Sheep.\n(5) Goat.\n(6) Pigs.\n(7) Wool.\n(8) Butter.\n(9) Ghee.\n(10) Milk.\n(11) Hides and Skins.\n(X) Condiments, Spices and Others:\n(X) Condiments, Spices and Others:\n(1) Turmeric.\n(2) Ginger.\n(3) Garlic.\n(4) Corriander.\n(5) Chilli.\n(6) Cardaman and Pepper.\n(7) Variali.\n(8) Betelnut.\n(9) Betel leaves.\n(10) Raw Cashewnuts (including processed).\n(11) Cumin (Jira).\n(12) Rai (mustard).\n(13) Methi.\n(14) Isabgul.\n(15) Asarios\n(16) Musli.\n(17) Gum.\n(18) Tamarind.\n(19) Arecanut (Beda).\n(20) Kokam Sol and Seed.\n(XI) Grass and Fodder:\n(XI) Grass and Fodder:\n(XII) Cattle Feeds:\n(XII) Cattle Feeds:\n(1) Guwar.\n(2) Punvad.\n(XIII) Apiculture:\n(XIII) Apiculture:\n(1) Honey.\n(XIV) Pisciculture:\n(XIV) Pisciculture:\n(1) Fish.\n(2) Fish processed (canned).\n(XV) Sericulture:\n(XV) Sericulture:\n(1) Silk.\n(XVI) Forest Produce:\n(XVI) Forest Produce:\n(1) Hilda.\n(2) Gum.\n(3) Bidi leaves.\n(4) Lac.\n(5) Bamboo.\n(6) Karmal.\n(7) Bimal.\n(8) Ambada.\n(9) Timber and Firewood.\n(XVII) Edible Oils:\n(XVII) Edible Oils:\n(1) Coconut oil.\n(2) Groundnut oil.\n(3) Palm oil.\n(XVIII) Others:\n(XVIII) Others:\n(1) Flowers", "footnote": "", "is_definition": false, "sort_order": 83 } ], "metadata": { "Act ID": "goa256", "Act Number": "(Goa Act 11 of 2007)", "Enactment Date": "", "Act Year": "2007", "Short Title": "The Agricultural Produce Marketing (Development and Regulation) Act, 2007", "Type": "STATE", "Location": "Goa" }, "updated_at": "2026-09-29 21:55:19" }