The Assam Agricultural Produce Market (Amendment) Act, 2001
# THE ASSAM GAZETTE

## W l f f l

# EXTRAORDINARY

## vri

# PUBLISHED BY AUTHORITY

20 30 2001, 10 WTO, 1922 (*Rt>)

No.20 Dispur. Tuesday, 30th January, 2001, 10th Magha, 1922 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

1

LEGISLATIVE DEPARTMENT : LEGILATIVE BRANCH

y

NOTIFICATION

The 11 th January, 2001

No.LGL. 121/97/102:-T he following Act of the Assam Legislative

Assembly which received the assent of the President/Governor is hereby
published for general information.


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(Received the Assent of the President on 29th December, 2000)

THE ASSAM AGRICULTURAL PRODUCE MARKET

(AMENDMENT) ACT, 2000

AN

ACT

further to amend the Assam Agricultural Produce Market Act,

1972.

Prcam bl e. Whereas it is expedient to amend the Assam Assam

Agricultural Produce Market Act, 1972, hereinafter Act \<>.

referred to as the principal Act, in the manner xxm
hereinafter appearing ; <>*' |9 7 4 -

It is hereby enacted in the Fifty-first Year of the

Republic of India as follows :-

i

Short title, 1.(1) This Act may be called the Assam Agricultural $
extent and Produce Market (Amendment) Act, 2000.

c o m m c n ce­

ment.

(2) It shall have the like extent as the principal Act.

(3) It shall come into force at once.

Amendment -• I'[1] the principal Act, in section 2, in sub-section

**of section 2.** ( I), "

(i) in clause (iii), for the words and figures "under

the Assam Panchayati Raj Act, 1972"
occuring after the word" established", the
words and figures "under the provisions of
the Assam Panchayat Act, 1994" shall be
substitued.

(ii) in clause (iii), for the existing side note "Assam

Act XI of 1973", the following side note shall
be substitued namely :-

"Assam Act'No. XVIII of 1994"

(iii) clause (xiii) alongwith the side note thereof shall

be ommitted.

(iv) in clause ( [v].v), for the word ’Mahkuma",

appearing in the third line, the word "Zilla"
shall be substitued.

(v) for the existing clause (xxii) and side note there­

of, the following shall be subsituted,

namely :-

"(xxii)" Zilla Parishad" means a Zilla Assam

Parishad established under sub-section (1) of Act x<>.

section 64 of the Assam Panchayat Act, xvm

1994 • " ' of 1994.


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THE ASSAM GAZETTE, EXTRAORDINARY. JAN. 30, 2001 147

(vi) for the existing clause (xxiv), the following shall

be substitued, namely "(xxiv) "Specified

Agricultural Produce" means any or all the

items included in the Schedule to this A ct;"

(vii) after clause (xxxix), the following new clause

(XL) shall be inserted, namely "(XL)"

Marketing Board Fund" means the Assam
Stale Agricultural Marketing Board Fund
established under section 3B of this Act.'

**S u b s titu tio n** 3. In the principal Act, for the words and figure "the
**of the words** Assam Panchayati Raj Act, 1972" and the
**and figure** corresponding side note "Assam Act No. XI
**the** **Assam** of 1972", wherever they occur, the words and

**P a n e h a y a t i** figures "the Assam Panchayat Act, 1994" and
**Raj** **Act,** side note "Assam Act No. XVIII of 1994"

**1 9 7 2 .** respectively, shall be substitued.

**S u b s titu tio n** 4. In the principal Act, for the word ’Mahkuma"
**of the word** wherever it occurs in relation to a Parishad,
**" M ah ku m a ".** the word "Zilla" shall be substituted.

**S u b s titu tio n** 5. In the principal Act, for the words "Notified
**of the words** Agricultural Produce" wherever they occur,
**" N o tifie d** the words "Specified Agricultural Produce"

**A g ric u ltu ra l** shall be substituted. ‘
**Produce".**

**A in e n d m e n t** 6. In the principal Act, in section 3,-
**of** (1) in sub-section (1), -
**Section** **3.**

(i) for the figure "12" appearing in the fourth line, the

figure "17" shall be substituted.

(ii) for clause (a), the following shall be substituted,

namely

"(a) one Chairman."

(iii) in clauses (b), after sub-clause (vi), the following

new sub-clause (vii) shall be inserted,

namely :-

"(vii) Representative of the Marketing Adviser,

Government of India, posted at Guwahati."

(iv) in clause c, -

(a) in sub-clause (i), (iii), (iv) and (v), for the

punctuation mark " . " appearing at the end,


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the punctuation mark " - " shall be substituted
and the following lines shall be inserted
against each, namely "To be nominated by

the Chairman of the Board."

(b) after sub-clause (v), the following new

sub-clauses shall be inserted, namely :-

"(vi) One trader of Agricultural Produce of a

Market Committee to be nominated by the
Chairman of the Board.

(vii) 3 (three) Nos. of Chairman from the
Market Committee to be nominated by the »

Chairman of the Board."

(2) for sub-section (2), the following shall be i

substituted, namely :-

"(2) The State Government shall nominate a senior

officer of the State Government having
sufficient experience in the affairs of the State,
to be the Chief Executive Officer of the Board
who shall be selected by a Committee to be

. constituted by the Slate Government for this

purpose. The Chief Executive Officer shall be
the ex-officio Member-Secretary of the Board
who shall en joy the status of a Joint Secretary
to the Government of Assam and shall hold
office for such term and under such terms and
conditions as may be fixed by the State
Government from time to time." .

(3) in sub-section (3),

the punctuation mark " . " appearing after the

word "sued" shall be deleted and after the
word "sued" the following shall be inserted,
namely :-

"and shall be competent to acquire and hold
lease, or otherwise transfer any property and
to enter into any contract and to do all other
things necessary, for the purpose for which it
is established.”

(4) After sub-section (3), the following new
sub-section shall be inserted, namely :-


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THE ASSAM GAZETTE, EXTRAORDINARY. JAN. 30, 2001 149

"(3A) The Board may with the previous sanction of

the State Government raise money required
for carrying out the purposes for which it is
established on the security of any properly
vested in it:

Provided that the conditions subject to

which such money or loan shall be raised or
obtained and lime within which such money
or loan shall be repayable shall be subject to
the previous sanction of the State

Government."

(5) After sub-section (7), the following new

sub-section (7A) shall be inserted, namely

"(7A) In the event of the removal of the

Chairman by the State Government under
sub-section (7) of section 3 and also in the
event of resignation by the Chairman under
sub-section (6) of section 3, the State
Government shall nominate one amongst the
members of the Board to preside over the
meetings of the Board till a regular Chairman
is nominated by the State Government."

(6) for sub-section (12), the following shall be

substituted, namely :-

"(12) (a) Subject to the provisions of this Act

and the rules and the bye-laws made
thereunder the Board may employ such
persons for the performance of the functions
of the Board under this Act, and may give
them such remuneration as it may think, fit and
may suspend, remove, dismiss or otherwise
punish any person so employed :

Provided that no new post in any

category shall be created by the Board without
obtaining prior approval of the State
Government and the numbers of existing
posts category-wise already created by the
Board since its inception and before coming
into force of the Assam Agricultural Produce
Market ( Amendment) Act, 2000, shall be


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submitted by the Board for obtaining

ex-post-facto concurrence of the State
Government in this regard within one month
from the date of coming into force of the
Assam Agricultural Produce Market

(Amendment) Act, 2000 and no person shall
be employed by the Board in any capacity and
in any manner whether on fixed pay or on
adhoc basis or otherwise if the creation of
such post has not been concurred by the State
Government as provided under this section :

Provided further that the Board may, with

the approval of the State Government and

without any prejudice to the rule making
power of the State Government under section
49 of the Act. make bye-Laws under
sub-section (14) of section 3 regulating the
employment and conditions of service in
respect of any or all categories of officers and
employees of the Market Committees and
such bye laws shall, as nearly as may be,
consistent with the corresponding rules in
respect of the Officers and employees of the
corresponding grade of the State Government.
Any amendment to such bye-Laws once
framed shall require approbation of atleast
three - fourth of the total number of members
of the Board in the meeting before approval of
the Government.

(b) The Board may constitute pool of Officers

and other staff common to all market
Committees and the Board as it may deem
fit."

(7) in sub-section (14), the existing clause (c)

shall be renumbered as clause (d) and after
clause (b) the following new clause (c) shall

be inserted, namely :-

"(c) regulating the employment and conditions

of service in respect of any or all of the
categories of Officers and employees of the

Board arid the Market Committees

**Substitution of** 7. In the principal Act. for the word "Secretary"

**the word** wherever it occurs in relation to the Board, the

**"Secretary"** word 'Chief Executive Officer" shall be

substituted.


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THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 30, 2001 151

**In sertio n** X. In the principal Act, after section 3, the following
**of new see-** new sections shall be inserted, namely
**tions.** **3 A.**

**3B. 3C.**
**31). 3E.**
**31'. 3G.**
**311. 31, 3.J**
**and 3K**

**"Powers** 3A. (1) The Board shall subject to the

**and l une-** provisions of this Act and without prejudice to

tio n s “• the provisions of section 3 (10), perform the

the Board, following functions and do such things as
may be necessary or expedient for carrying
out these functions, namely

(1) Coordination of the working of the Market

Committees and other affairs thereof including
programmes undertaken by such Market
Committees for the development of markets
and market areas;

(ii) Undertake the State level planning of the
development of Agricultural produce and

Markets;

(iii) Administer the Marketing Board Fund ;

(iv) Giving direction to Market Committees in

general or to any Market Committee in
particular with a view to ensure improvement
thereof:

(v) Any other functions specifically entrusted to

the Board under this A ct;

(vi) Any other functions that may be entrusted to
the Board by the State Government under this
Act.

(2) Without prejudice to the generality of the

foregoing provisions of the functions of the

Board shall be, -

(i) to approve proposals for selection of new’ site

by the Market Committees for establishment
of Principal market yard or sub-market yard :

(ii) to approve proposal for constructing infras -

structural facilities in the Market area :

(iii) to supervise and guide the Market Committees

in the preparation of plans and estimates of

construction programme undertaken by the

Market Committee:

(iv) to execute all works chargeable to the Board's
fund:


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152 THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 30. 2001

(v) to maintain accounts in such forms as may be

formulated and get the same audited.

(vi) to set up separate Marketing Extension Cell in

the Board for transfer of marketing
technology and extension services and also to
make necessary arrangement by the Board for
propaganda and publicity on matters related to
regulated marketing of an Agricultural
Produce ;

(vii) to prepare and adopt annual budget for the

ensuing year;

(viii) to do such other lawful things as may be

considered necessary for carrying out the
provisions of this Act.

**Assam** **State** 3B. All moneys received by or on behalf of the

**A g r ic u ltu r a l** Board shall be credited to a fund called "The

**M a r k e tin g** Assam State Agricultural Marketing Board

**Board** **Fund.** Fund". The existing Fund of the Board before

coming into force of the Assam Agricultural
Produce Market (Amendment) Act. 2000,
shall be credited to the Assam State
Agricultural Marketing Board Fund

established under this section, within one
month from the date of coming into force of
the Assam Agricultural Produce Market
(Amendment) Act, 2000.

**I’ ay m e n ts** 3C. All payment incurred by the Board shall be

**incurred** **by** defrayed out of the Marketing Board Fund.

**the** **B oard.** The Chief Executive Officer of the Board shall

be the drawing and disbursing officer subject
to this Act and the bye-laws framed to that
effect.

**C o n t r i b u t i o n** 3D. Every Market Committee shall pay to the
**tow ards** **the** Board 50% of its annual gross income derived

**B o a rd .** from licence fee and cess as contribution to

meet the expenses of establishment of the

Board and execution of works as may be

directed by the Government from lime to time
for carrying out the purposes of this Act and
for execution of other functions assigned to
the Board under this Act including the
maintenance of pool of officers common to
Board and Market Committee :


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THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 30. 2001 153

Provided that 50% of the amount out of

the amount collected by way of contribution
from the Market Committees by the Board
every year shall be transferred from the

Marketing Board Fund to a separate account
to be known as Agricultural Development
Fund. The Chief Executive Officer shall
incure expenditure after approval from the
Board from and out of that fund on such
schemes or items as may be prepared for the
development of Agricultural Produce and

Market subject to the approval of such
schemes or items by a Committee consisting
of the following

(a) Chairman of the Board                   - Chairman
(b) Secretary to the Govt.                  - Member,

of Assam, Agriculture
Department

(c) Director of Agriculture,                   - Member

Assam.

(d) Chief Engineer, Agriculture, - Member

Assam.

(e) Chief Executive Officer                    - Member

of the Board Secretary ;

Provided further that the Board may

appropriate any amount from and out of the
Agricultural Development Fund for meeting
any other expenses authorised under this
section so as to meet any exigency without
effecting the on going Schemes and items
already approved by the Committee.

**u tiliz a tio n** **of** 3E. (1) The Marketing Board Fund shall be

**M a r k e tin g** utilised by the Board for discharge of

**Board Fund.** functions entrusted to the Board under this

Act.

(2) Without Prejudice to the generality of this

provision to Marketing Board Fund may be
utilised for the following purposes, namely

(i) payment of administrative expenditure of the

Board ;

(ii) payment of travelling and other allowance to

the Chairman and Members of the Board ;


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154 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 30, 2001

(iii) payment of legal expenses incurred by the

Board;

(iv) granting aid to financially weak Market

Committees in the form of loan or grant for
development purposes:

(v) training of the officers and staff of the Market

Committees and the Board ;

(vi) for any purpose as may be deemed necessary

by the Board for carrying out the purposes of
this A ct;

(vii) for any purpose as may be directed by the

State Government for carrying out the
purposes of this Act.

**Audit <>f** 3F. (1) The Accounts of the Board shall be _)_

**Accounts** **of** audited every year by the Director of Audit

**the** **Board.** (Loacal Fund), Assam or in whatever name he

may be called or any officer authorised by
him. The Board shall be deemed to be a Local
Authority for this purpose.

, (2)The Board shall make arrangement for

internal Audit of its Accounts every year by
such officers or pursons as it may deem fit.

(3) The Forms of Accounts to be maintained

by the Board for the purpose of Audit shall be
such as may be determined by the Board in
consultation with the Director of Audit (Local
Fund), Assam.

(4) The report of Audit with comments of the

Board thereon shall be submitted to State

Government every year.

**De le g a tio n** 3G. (1) Subject to the provisions of this Act, the
**of power** Board may by general or special order

delegate to the Chief Executive Officer or to
any other officer of the Board such of the
powers and duties under the Act as it may
deem fit.

(2) The Chairman or the Chief Executive

Officer of the Board may delegate any of his
powers under this Act to any officer of the
Board.


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THE ASSAM GAZETTE. EXTRAORDINARY. JAN, 30. 2001 155

**Powers and** 3H. (1) The Chairman of the Board shall be
**Functions** **of** responsible for the administration of the

**the** Assam Agricultural produce Market Act, 1972
**C h a irm a n .**

as amended from time to time and shall
subject to any other provisions as may be
prescribed and the bye-laws framed, exercise
general control over the employees of the

Board and market Committees.

(2) The other powers and functions of the

Chairman shall be such as may be prescribed.

**F u n ctio n s** 31.(1) The Chief Executive Officer of the Board
**and powers of** shall exercise supervision and control over the
**the Chief** officers and staff employed by the Board and
**Executive** M arket Com m ittees in m atters of
**O ffic e r.** adm inistration, execution of works,

maintenance of accounts and records of the
Board and disposal of all questions relating to
the service matters of the employees subject to
the approval of the Chairman of the Board.

(2) The other powers and functions of the Chief

Executive Officer shall be such as may be
prescribed."

9. In the principal Act, in section 4, in sub-section

(1), for the word ’such' appearing in between
the words "at" and agricultural" the word
"specified" shall be substituted.

**A m endm ent** 10. In the principal Act, in section 5, -

**of section** **5.**

(i) in sub-section (1), the words "or any of the

kinds of" appearing in between the words
"all” and "agricultural" shall be deleted.

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

substituted, namely :-

"(4) The State Government may, at any time

by notification in the Official Gazette exclude
from the market area any area comprised
therein or add a new area to it."

Amendment 11. In the principal Act, in section 6, -

**of section** **6.**

(i) in sub-section (2), for the word "The State

Government may, by notification in the


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156 THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 30. 2001

Official Gazette, the words "The Board with
the approval of the State Government may"
shall be substituted.

(ii) in sub-section (2), in clause (ii), for the

punctuation mark appearing at the end the

punctuation mark shall be substituted and

after clause (ii), the following proviso shall be
inserted, namely

"Provided that the location of the

principal market yard, sub-market yard or
yards or any other lands, buildings or
structures ancilliary thereto shall be at a close
distance from the location where the trade and
merchandise in all or any specified agricultural
produce normally takes place."

(iii) after sub-section (2), the following new

sub-section shall be inserted, namely :-

"(3) The land requirement for establishing a

structure and its specification shall be such as
may be prescribed.

Explantation - For this sub-section the word
structure shall include any office building of
the Market Committee, staff quarter, rest
house, godown, principal market yard,
sub-market yard or yards, check-gate and its
ancilliary structures."

**A m en d in e n t** 12. In the principal Act, in section 19, in sub-section

**of** **section** (1), for the punctuation mark appearing at

**1 9 .** the end, the punctuation mark shall be

substituted and after sub-section (1), the
following proviso shall be inserted, namely :-

"Provided that no new post of any

category shall be created by the Market
Committees without obtaining prior approval
of the State Government through the Board
and no new appointment shall be made in any
capacity in the Market Committee whetheron
fixed pay or ad-hoc basis or otherwise unless
the post is approved by the State Government.

The Market Committee shall submit the

respective lists of posts category-wise created
since its establishment and before the date of
coming into force of the Assam Agricultural
Produce Market (Amendment) Act, 2000 to


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THE ASSAM GAZETTE. EXTRAORDINARY, JAN, 30, 2001 157

the Board within one month from the date of
commencement of the Assam Agricultural
Produce Market (Amendment) Act, 2000, for

ex-post-facto approval of the Government and
the Board in turn submit the same before the
State Government within two months from
the date of such coming into force for
ex-post-facto approval of the State

Government.

**Amendment** 13. In the principal Act, in section 21. for the words
**of** **section** "one repees", the words "two repees" shall be

**2 1 .** substitued and for the existing Explanation 1

there of, the following shall be substituted,
namely :-

"Explanation-! - For the purpose of this

section all Specified Agricultural Produce
shall unless the contrary is proved be deemed
lobe bought or sold in notified market area
if -

(i) Such produce is taken out or proposed to

taken out of the said area ; or

(ii) the agreement of sale or purchase thereof in

respect of such produce is entered into in the
said area, or

(iii) in pursuance of sale or purchase or the

agreement of sale or purchase such produce is
delivered in the said area to the purchaser or to
some other person on behalf of the
purchaser."

**Insertion** **of** 14. In the principal Act, after section 21, the

**new** **section** following new section shall be inserted,

**21 A.** namely :-
**"P revention**

21 A. For prevention of the evasion of cess on

**or evation**

Specified Agricultural Produce the Market

**of cess.**

Committee shall establish checkgates at
different points within the Market Area
whenever felt necessary with the prior
approval of the Board."

**A men <i me nt** 15. In the principal Act, in section 23. for the last

**of section** sentence, the following shall be substituted,
**2 3 .** namely :-

"subject to the provisions of section 3E any

surplus remaining with the Market Committee


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after such expenditure shall be invested in the
manner as provided under section 25."

**Insertion** **of**

16. In the principal Act, after section 23, the

**new** **section**

follow ing new section shall be inserted,

**23 A.**

namely

**"Audit of** 23A. (1) The accounts of the Market Committee
**Accounts of** shall be audited by the Director o f Audit
**the Market** (Local Fund), Assam or in whatever name he
**C o m m i 11 c e .** may be called or the officer authorised by

him. The Market Committee shall be deemed
to be Local Authority for this purpose.

(2) The Board shall undertake the matter of

internal audit of the accounts of the Market

Committees.

(3) The forms of accounts to be maintained by

the Market Committee for the purpose of audit
shall be such as may be determined by the
Board in consultation with the Director of
Audit (Local Fund), Assam.

(4) The report of Audit on the accounts of the

Market Committees shall be submitted to the
Board with the comments of the Committee
thereon for its onwards submission to the
Government.

Amendment of 17. In the principal Act.in section 24, in sub-section
seetion 24. (1), the last sentence shall be deleted.

Amendment of ig. j n the principal Act, in section 25, in sub-section
**seetion** **25.** **( | ) .**

(i) clause (x) shall be ommited.
(ii) after clause (xii), the following new clause

shall inserted, namely

"(x iii) Any matter which the Board may

entrust.

**Amendment of** 19. In the principal Act, in section 39, in sub-section
section **39.** (7), for the word 'fifty' appearing in the last

line the word "two thousand" shall be
substituted.

**Amendment of** 20. In the principal Act,in section 43, in between the

section **43.** words "Members" and "secretary" the words
"Chief Executive Officer" shall be inserted.

Amendment of 21. In the principal Act. in section 49. in sub-section
section 49. (2). clause (xv). (xvi). (xx) and (xxiii) shall
be ommitted.

M. K. DEKA.

Secretary to the Govt, of Assam,

Legislative Department.

GUWAHATI—Printed & Published by the Dy. Director (P), Directorate of Pig. & Sty.,

Assam, Guwahati (Ex-Gazette) No. 39-500-600-30-1-2001.


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