 GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XX OF 1964.

THE MAHARASHTRA AGRICULTURAL PRODUCE
MARKETING (DEVELOPMENT AND
REGULATION) ACT, 1963.



( As  modified  upto  the  4th  December  2018.)

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PRESS,  WAI  AND  PUBLISHED  BY
THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS,
MAHARASHTRA  STATE,  MUMBAI–400  004.

2018

[ Price–– 62.00 ]

THE MAHARASHTRA AGRICULTURAL PRODUCE MARKETING
(DEVELOPMENT AND REGULATION) ACT, 1963.

PREAMBLE.
SECTIONS.

CONTENTS

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.
2. Definitions.
3. Notification  of  intention  of  regulating  marketing  of  agricultural  produce

in specified area.

4. Declaration  of  regulation  of  marketing  of  specified  agricultural  produce

in market area.

5. Establishment of markets.

CHAPTER I-A

ESTABLISHMENT  OF  NATIONAL  INTEGRATED  PRODUCE  MARKET

5A. Establishment of National Integrated Produce Market.
5B. Power to make regulations.
5C. Other provisions of Act not to apply to National Integrated Produce Market.

CHAPTER I-B
DIRECT  MARKETING,  ESTABLISHMENT  OF  PRIVATE  MARKET
AND  FARMER-CONSUMER  MARKET.
5D. Direct  marketing,  establishment  of  private  market  and  farmer-consumer

market and redressal of disputes.

CHAPTER I-C

CONTRACT  FARMING  AGREEMENT

5E. Procedure and form of Contract Farming Agreement.

CHAPTER I-D

MARKETING  THROUGH  ELECTRONIC  TRADING

5F. Establishment of Electronic trading platform.
5G. Grant or Renewal of licence to establish Electronic trading platform.
Integration of licence holder under section 5G to E-platform.
5H.
5I.
Interoperability of E-trading platform.
5J. Payment to the sellers and maintenance of accounts.
5K. Suspension or Cancellation of licence of electronic trading platform.
5L. Dispute settlement.
5M. Obligation of licensee under section 5G for E-trading platform.

CHAPTER II

MARKETING  OF  AGRICULTURAL  PRODUCE

6. Regulation of marketing of agricultural produce.
7. Grant of licences.
8. Power to cancel or suspend licences.
9. Appeal.
10. Provision for settlement of disputes.

(ii)

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

[1964 : Mah. XX

SECTIONS.

CHAPTER III

CONSTITUTION  OF  MARKET  COMMITTEES

11. Establishment of Market Committees.

12.

Incorporation of Market Committees.

13. Constitution of Market Committees.

14. Election and term of office members.

14A. Election Fund.

15. Commencement of term of office of members.

15A. Provision for appointment of Administration after normal or extended term

of office of members expires.

16. Resignation of members and nomination in certain circumstances.

17. Removal of member for misconduct.

18. Casual Vacancies.

19. Election of Chairman and Vice-Chairman.

20. Term of office of Chairman and Vice-Chairman.

21. Chairman  and  Vice-Chairman  to  hold  office  until  their  successors  enter

upon office.

21A. Honorarium to Chairman and Vice-Chairman.

22. Procedure for election of Chairman and Vice-Chairman.

23. Resignation of Chairman and Vice-Chairman.

23A. Motion of no-confidence against Chairman or Vice-Chairman.

24. Consequence of absence of Chairman, Vice-Chairman or member without leave.

25. Vacancies in office of Chairman and Vice-Chairman to be filled up.

26. Refusal to handover charges to new Chairman or Vice-Chairman.

27. Meeting, etc., of Market Committee.

27A. Annual General meeting of the Market Committee.

28. Members to act during vacancy; acts of Committee, etc., not to be invalidated

by informalities.

(iii)

1964 : Mah. XX]

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

SECTIONS.

CHAPTER IV

THE  MARKET  COMMITTEE  :  POWERS  AND  DUTIES

29. Powers and duties of Market Committee.

30. Appointment of sub-committees; delegation of power.

30A. Power of the Market Committee to open collection centres for marketing
of notified produce; provisions for receipt and payment by purchaser.

31. Power of Market Committee to levy fees and rates of commission (Adat).

32. Power to borrow.

32A. Power to order production and power of entry, inspection and seizure.

32B. Power to write off loss, shortage or fee, etc., which is irrecoverable.

32C. Power to make alternative arrangements during strike.

32D. Power  to  take  steps  to  prevent  purchases  of  agricultural  produce  below

support price.

32E. Power of Market Committee to evict from shop, gala, shed, plot, or any other

premises and to remove encroachment.

33. Execution of contracts.

34. Certain  disputes  regarding  construction  of rules,  etc.,  about  weights  and

measures to be decided by Market Committee.

CHAPTER IV-A

A  COST  OF  SUPERVISION

34A. Supervision over purchase of agricultural produce in any market or market

area and payment of cost of supervision by purchasers.

34B. Market Committee to collect cost of supervision.

34C. Default of Market Committee in collecting or paying cost of supervision.

CHAPTER V

OFFICERS  AND SERVANTS  OF  MARKET  COMMITTEE

35. Power of Market Committee to employ staff.

35A. Power of Government to appoint Secretary of Market Committee.

(iv)

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

[1964 : Mah. XX

SECTIONS.

CHAPTER VI

THE  MARKET  FUND

36. Market Fund; its custody and investment.

37.

Purposes for which Market Fund may be expended.

38. Manner of preparing budget, etc.

38A. Funds not to be utilised for certain proceedings filed or taken by or against

officers in personal capacities.

CHAPTER VII

TRADES  ALLOWANCES  PROHIBITED

39. Making or recovery of trade allowance prohibited.

CHAPTER VII-A

STATE  AGRICULTURAL  MARKETING  BOARD

39A. Establishment of State Agricultural Marketing Board.

39B. Constitution of State Marketing Board.

39B-1. Managing Director of State Marketing Board.

39C. Officers and servants of State Marketing Board.

39D. Member not disqualified from contesting election or as members of State

Legislature or local authorities.

39E. Term of office of members.

39F. Casual vacancies.

39G. Members to act during vacancy; acts, etc., of State Marketing Board, etc.,

not to be invalidated by informalities.

39H. Resignation of members.

39I. Allowances of members.

39J.

Functions and powers of State Marketing Board.

39K. Regulations.

39L.

Establishment and administration of Agricultural Marketing Development
Fund.

39M. Power of State Marketing Board to borrow.

39N. Utilisation of the Development Fund.

39O. Audit of Accounts.

(v)

1964 : Mah. XX]

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

SECTIONS.

CHAPTER VIII

CONTROL

40.

Inspection, inquiry, submission of statements, etc.

41. Duty of officers and members to furnish information to Director, authorised

officers and State Government.

41A. Powers of the Director to prohibit execution of resolution passed or order

made by Committee, etc.

42. Seizure of account books and other documents.

43. Powers of State Government or Director to call for proceedings of Market

Committee, etc., and to pass orders thereon.

44. Amalgamation or division of Market Committees.

45. Supersession of Market Committee, etc.

CHAPTER IX

PENALTIES

46. Penalty for contravention of section 6.

46A. Penalty for contravention of provisions relating to E-trading.

47. Penalty for not complying with directions under section 26 (2).

48. Penalty for making or recovering trade allowance.

49. Penalty for failure to obey order under section 40.

50. Penalty for contravening provisions of section 40 or 43.

51. Penalty for contravention of section 42.

52. General provision for punishment of offences.

52A. Compounding of offence.

52B. Appeal.

(vi)

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

[1964 : Mah. XX

SECTIONS.

CHAPTER X

MISCELLANEOUS

53. Members to be held responsible for misapplied funds.

54. Chairman,  Vice-Chairman,  members,  Secretary  and  servants  of  Market

Committee to be public servants.

55. Bar of suit in absence of notice.

56. Trial of offences.

57. Recovery of sums due to Government or Market Committee.

58. Power of State Government to delegate powers.

59. Power to exempt Market Committee, etc., from provisions of Act.

59A. Duty  of  local  authorities  to  give  information  and  assistance  to  Market

Committee.

59B. Duty of Police Officer.

60. Rules.

61. Bye-laws.

61A. Powers of Director to direct making or amending by-laws.

62. Power of State Government to amend Schedule.

63. Saving.

64. Repeal and savings.

65. Power  to  State  Government  to  transfer  assets,  etc.,  in  cases  of  Market
Committees constituted for excluded area under Bom. XXII of 1939.

66. Removal of difficulties.

SCHEDULE.

MAHARASHTRA ACT No. XX OF 19641.

[THE MAHARASHTRA AGRICULTURAL PRODUCE MARKETING
(DEVELOPMENT AND REGULATION) ACT, 1963.]

[This  Act  received  the  assent  of  the  Governor  on  the  30th  April  1964;
assent was first published in Maharashtra Government Gazette, Part IV on the
5th May 1964.]

Amended by Mah. 32 of 1970.

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34 of 1971.*
2 of 1972.
26 of 1972.
39 of 1973 (24-9-1973). †
30 of 1974 (31-8-1974). †
73 of 1975 (30-12-1975). †
58 of 1976 ‡ (25-11-1976).  †
31 of 1977. ¶

1

*

For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,  1963,  Part  V,  pages

283-84;  for  Report  of  the  Joint  Committee,  see  1964,  part  V,  pages  59-91.

Maharashtra  Ordinance  No.  III  of  1971  was  repealed  by  Mah.  34  of  1971,  s.  3.

† This  indicates  the  date  of  commencement  of  the  Act.

‡ Maharashtra  Ordinance  No.  X  of  1976  was  repealed  by  Mah.  58  of  1976,  s.  5.

¶ Section  3  of  Mah.  31  of  1977  reads  as  follows  :––

“3.

(1) The members of any Market Committees constituted under the Marketing
Regulation Act (excluding those constituted for the first time), who were in office on the
6th day of September 1975 (whether their original term of office of three years or extended
term of office under section 14 of the Marketing Regulation Act had expired before the 6th
day of September 1975 or expires during the period the Maharashtra Agricultural Produce
Marketing  (Regulation)  (Postponement  of  Elections  during  the  Emergency)  Act,  1975,
hereinafter referred  to as  “the Postponement  of Elections Act”,  is in  force) shall  also be
entitled  to  hold  office  for  the  revised  term  of  five  years,  instead  of  three  years  :

Provided that, in computing this term of five years any extension of the term granted
under  the  proviso  to  sub-section  (3)  of  section  14  of  the  Marketing  Regulation  Act  or
under  section  3  of  the  Postponement  of  Elections Act  shall  be  taken  into  account.

Revised    term
of  five  years
to  apply  to
members  of
Market
Committees
in  office  on
the  6th
September
1975  and
those  elected
or  appointed
therea fter.

Ma h.
LXVII
o f
1975.

Even after the expiry of their term of office, these members [including their successors
(if any) appointed or nominated in casual vacancies] shall be entitled to continue in office
till  the  date  immediately  preceding  the  date  of  the  first  meeting  of  the  new  Market
Committees  at  which  business  is  transacted.

(2) The members of any Market Committees whose elections are held under clause
(a)  of  sub-section  (1),  or  under  sub-section  (2)  of  section  3  of  the  Postponement  of
Elections Act shall also be entitled to hold office for the revised term of five years, instead
of three years, and the term of office of members of any such Committees may be extended
by  the  State  Government  under  the  proviso  to  sub-section  (3)  of  section  14  of  the
Marketing Regulation Act.

(3) Except as otherwise provided by this section, the Marketing Regulation Act and
the  Postponement  of  Elections  Act  shall  in  other  respects  apply  to  the  Market
Committees concerned.”.

2

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

[1964 : Mah. XX

Amended by  Mah. 50  of 1977  § (27-9-1977).  †

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10 of 1984 @ (6-1-1984). †

34 of 1984 $ (22-10-1984).  †

25 of 1985. **

27 of 1987 (1-10-1987). †

5 of 1989.

§ Maharashtra  Ordinance  No.  VIII  of  1977  was  repealed  by  Mah.  50  of  1977,  s.  4.

†

This  indicates  the  date  of  commencement  of  the  Act.

@ Maharashtra  Ordinance  No.  I  of  1984  was  repealed  by  Mah.  10  of  1984,  s.  11.

$ Maharashtra  Ordinance  No.  X  of  1984  was  repealed  by  Mah.  34  of  1984,  s.  3.

** For  validation  of  acts  and  things  done  by  Administrator,  see  section  3  of  Mah.  25  of  1985.

3

1964 : Mah. XX]

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

Amended by  Mah.  8  of 1994  $$ (16-11-1993).  †

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9 of 1996 $$$ (18-11-1995). †  @@

5 of 1999 (16-11-1998). †

$$

Maharashtra  Ordinance  No.  XVII  of  1993  was  repealed  by  Mah.  8  of  1994,  s.  4.

$$$ Maharashtra  Ordinance  No.  XVII  of  1995  was  repealed  by  Mah.  9  of  1996,  s.  7.

@@ Sections  2  to  6  of  Mah.  9  of  1996  are  as  follows  :––

“2.

During  the period  of two  years commencing  on  the date  of commencement  of this Act
or till the external monitory debt of the Bombay Agricultural Produce Market Committee
(hereinafter referred to as “the said Market Committee”), is reduced to rupees fifty crores,
whichever is earlier, the Maharashtra Agricultural Produce Marketing (Regulation) Act,
1963 (hereinafter referred to as “the principal Act”), shall have effect, as if, in section
13, in sub-section (1A),–

Temporary
amendment
of  section
13  of  Mah.
XX  of
1964.

Ma h.
XX  of
1964.

(1)

In clause (a), for sub-clauses (i), (ii), (ii-a), (iii), (iv), (v), (vi) and (vii) the

following  sub-clauses  had  been  substituted,  namely  :––

“(i) The Secretary (Marketing), Co-operation and Textiles Department,

ex-officio Chairman;

Mah.  IV  of
1975.

(ii) The Metropolitan Commissioner appointed under the Mumbai Metropolitan

Region Development Authority Act, 1974, ex-officio Member;

(iii) The Director  of Agricultural  Marketing, Maharashtra  State, Pune,  or his

representative, ex-officio Member;

(iv) Nominee of Consortium of Banks led by the State Bank of India, ex-officio

Member;

(v) The Secretary of the Market Committee, ex-officio Member-Secretary.”;

(2)

clause (b) had been deleted.

3. Notwithstanding anything contained in clause (b) of sub-section (1) of section 15A of the
principal Act, or any orders issued thereunder, the appointment of the Administrator made
under the said clause (b) for the said Market Committee, shall come to an end, on the date
of commencement of this Act :

Term  of
Admini-
strator.

Provided that, all acts and things done by the Administrator from the date of expiry
of the period of six months from the date of his appointment till the date of commencement
of  this Act,  shall be  valid and  shall be  deemed  always to  have been  valid and  no suit  or
proceeding shall  be instituted, maintained or  continued against the Administrator  on the
ground  that  after  the  expiry  of  the  said  period  of  six  months,  he  had  no  authority  to  do
such  acts  or  things  under  the  provisions  of  the  principal Act.

4. Notwithstanding anything contained in this Act, on the date (being a date immediately after
the  date  of  expiry  of  the  period  mentioned  in  section  2),  to  be  notified  by  the  State
Government in the Official Gazette, arrangements shall be made by the officers concerned
to  reconstitute  the  said  Market  Committee  by  holding  elections  in  accordance  with  the
provisions  of the  principal Act.

5. The members of the said Market Committee as constituted by sub-section (1A) of section
13 of  the principal Act  as amended by  section 2 shall,  notwithstanding the expiry  of the
period  mentioned in  the said  section 2,  shall  continue in  office till  the date  immediately
preceding  the  date  of  the  first  meeting  of  the  reconstituted  Market  Committee  after  the
election is held, where there is a quorum.

6. Except as otherwise provided by this Act, provisions of the principal Act shall in all other

respects apply,  mutatis  mutandis,  to  the  said  Market  Committee.”

Arrange-
ments  to  be
made  to
re-constitute
the  said
Market
Committee.

Continuance
in  office
of  members.

Application
of  Mah.  XX
of  1964.

4

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

[1964 : Mah. XX

Amended by Mah. 15  of 1999 (27-1-1999). †

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33 of 2000 (10-5-2000). †

11 of 2003 (8-4-2003). †

13 of 2003 (9-4-2003). †

48 of 2005 (25-9-2006). †

25 of 2006 (19-7-2006). †

47 of 2006 (1-11-2006). †

7 of 2007** (1-6-2006). †

10 of 2008* (22-1-2008). †

21 of 2010 (30-7-2010). †

35 of 2016 ‡ (16-6-2015).  †

7 of 2017 @ (5-7-2016). †

13 of 2018 @@ (13-6-2017). †

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51 of 2018 @@@ (29-6-2018). †
An Act  to  1[develop  and]  regulate  the  marketing  of  agricultural  and
certain  other  produce  in  market  areas  and  markets  2[including  private
markets  and  farmer  consumer  markets]  to  be  established  therefor  in  the
State;  to  confer  powers  upon  Market  Committees  to  be  constituted  in
connection  with  or  acting  for  purposes  connected  with  such  markets;  to
establish  Market  Fund  for  purposes  of  the  Market  Committee  and  to
provide for purposes connected with the matters aforesaid.

WHEREAS  it  is  expedient  to  3[develop  and]  regulate  the  marketing  of
agricultural  and  certain  other  produce in  market  areas  and  markets 4[including
private markets and farmer-consumer markets] to be established therefor in the
State; to confer powers upon Market Committees to be constituted in connection
with  or acting  for  purposes  connected  with  such  markets;  to  establish  Market
Fund  for  purposes  of  the  Market  Committees  and  to  provide  for  purposes
connected with the matters aforesaid; It is hereby enacted in the Fourteenth Year
of the Republic of India as follows :––

**

This  Act  came  into  force  on  1st  June  2007  vide  G.  N.,  C  and  TD.,  No.  Krubasa,.  2006/C.R.  283/

11-c,  dated  28th  May,  2007.

† This  indicates  the  date  of  commencement  of  Act.
1

These  words  were  inserted  by  Mah.  48  of  2005,  s.  2  (1).

2

3

4

These  words  were  inserted  by  Mah.  48  of  2005,  s.  2  (2).

These  words  were  inserted  by  Mah.  48  of  2005,  s.  3  (1).

These  words  were  inserted  by  Mah.  48  of  2005,  s.  3  (2).

* Maharashtra  Ordinance  No.  I  of  2008  was  repealed  by  Mah.  10  of  2008,  s.  8.
‡ Maharashtra  Ordinance  No.  VIII  of  2016  was  repealed  by  Mah.  35  of  2016,  s.  3.
@ Maharashtra  Ordinance  No.  XX  of  2016  was  repealed  by  Mah.  7  of  2017,  s.  5.
@@ Maharashtra  Ordinance  No.  XVII  of  2017  was  repealed  by  Mah.  13  of  2018,  s.  6.
@@@ Maharashtra  Ordinance  No.  XIX  of  2018  was  repealed  by  Mah.  51  of  2018,  s.  8.

Short title,
extent and
commence-
ment.

Definitions.

5

1964 : Mah. XX]

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

CHAPTER I.
PRELIMINARY

1.

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

Marketing 1[Development and Regulation] Act, 1963.

(2)
(3)

It extends to the whole of the State of Maharashtra.
It shall come into force on such date 2as the State Government may, by

notification in the Official Gazette appoint.

2.

(1)

In this Act, unless the context otherwise requires,––

(a)

“agricultural produce” means all produce (whether processed or not) of
agriculture, horticulture, animal husbandry, apiculture, pisciculture, 3[fisheries] and
forest specified in the Schedule;

(b)

“agriculturist” means a person who ordinarily by himself or by hired
labour or otherwise is engaged in the production or growth of agricultural produce
which has not been processed, but does not include a trader, commission agent,
processor,  or  4[broker,  an  employee  of  Government  or  of  any  co-operative
society or of a Market Committee, or a partner in trading firm or an industrial
concern in or in relation to agricultural produce although such trader, commission
agent, processor, broker an employee of Government or of any co-operative
society or of any Market Committee or a partner in trading firm or an industrial
concern], may also be engaged in the production or growth-of agricultural produce;
“broker”  means  an  agent  who  contrives,  makes  and  concludes  a
bargain  or  contracts  on  behalf  of  his  principal  for  the  purchase  or  sale  of
agricultural produce for which he receives a fee or remuneration, but does not
receive, deliver, transport, or pay for the purchase, or collect payment for the sale,
of the agricultural produce;

(c)

5[(ca)

“buyer” means a person, the Central Government or any State
Government, who himself or itself or on behalf of any person or agent buys or
agrees to buy agricultural produce in the market area;]

(d)
(e)

“bye-laws” means bye-laws made under section 61;
“commission agent” means a person who by himself or through his
servants buys and sells agricultural produce for another person, keep it in his
custody and controls it during the process of its sale or purchase, and collects
payment therefor from the buyer and pays it to the seller, and receives by way of
remuneration a commission or percentage upon the amount involved in each
transaction;

6[(ea)

“direct marketing” means the purchase of agriculture produce
directly from the agriculturists by a direct marketing licence holder under sub-
section (1) of section 5D;]

7[(e1)

“Contract  Farming”  means  farming  by  a  Contract  Farming
Producer under written agreement with Contract Farming Sponser to the effect
that farm produce shall be purchased by the Contract Farming Sponsor as
specified in the agreement;

(e2)
   Contract Farming;

“Contract Farming Agreement” means written agreement made for

1 Brackets  and  words  were  substituted  for  the  brackets  and  word  “(Regulation)”  by  Mah.  48 of  2005,  s.  4.
2

25th  day  of  May  1967  vide  G.  N.,  A  and  C.  D.,  No.  APM.  1167/8802-C-1,  dated  19th  May  1967.

3

4

This  word  was  inserted  by  Mah.  11  of  2003,  s.  2.

This  portion  was  substituted  for  the  portion  beginning  with  the  words  “broker  in  agricultural  produce”

and  ending  with  the  words  “or  broker”  by  Mah.  27  of  1987,  s.  2  (a).

5 Clause  (ca)  was  inserted  by  Mah.  27  of  1987,  s.  2  (b).
6 Clause  (ea)  was  inserted  by  Mah.  48  of  2005,  s.  5  (1).
7 Clauses  (e1)  to  (e4)  were  inserted  by  Mah.  25  of  2006,  s.  2.

6

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

[1964 : Mah. XX

(e3)

“Contract  Farming  Producer”  means  an  agriculturist  or  an
association of agriculturists who have agreed to produce and supply agricultural
produce as per the Contract Farming Agreement;

(e4)

“Contract Farming Sponsor” means a person who has entered into

the Contract Farming Agreement;]

( f )
“Director” means a person appointed as the Director of Agricultural
  for  the  State  of  Maharashtra  2[and
Marketing  1
includes  any  officer  or  officers  empowered  by  the  State  Government  by
notification in the Official Gazette, to exercise or perform such of the powers and
functions of the Director under the provisions of this Act or rules or bye-laws made
thereunder, as may be specified in such notification;]



3[(f-1a)

“District Deputy Registrar” means the District Deputy Registrar
of  Co-operative  Societies  appointed  under the Maharashtra Co-operative
Societies Act, 1960;

4[(f-1b)] “Electronic trading” or “E-trading” means the trading of agricultural
produce in which registration, auctioning, billing, booking, contracting, negotiation,
information exchanging, record keeping and other connected activities are done
electronically on electronic trading platform;

(f-1c)

“Electronic trading platform” or “E-trading platform” means the
electronic platform set up either by the State Government or the Government
Agencies  or  a  person  licensed  under  this  Act  for  conducting  trading  in
agricultural produce 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 or internet or any
other such electronic device. Such Electronic trading platform shall be regulated
by such authority as may be notified by the Government;

Mah.
XXIV
of 1961.

5[(f1)

“farmer-consumer  market”  means  a  market  established  by  a

licence holder under sub-section (2) of section 5D;]

6[(f2)

“Government Agency” means the agency so notified by the State
Government which includes the State Agricultural Marketing Department, the
Maharashtra State Agricultural Marketing Board and the Agricultural Produce
Market Committee established or constituted under this Act;]

7[(fa)]

“Hamal” means a hamal or a coolie or a labourer, engaged for
loading, unloading, filling, emptying, stacking, stitching, sorting, cleaning or
carrying any agricultural produce or doing any work preparatory or incidental
thereto in the market area and who holds a valid licence for the purpose from
the Market Committee;]

8[(fb)

(g)
9[(ga)

“licence” means licence granted under the provisions of this Act

and the term “licensee” shall be construed accordingly;]

“local authority” includes a Panchayat Samiti;

“Managing  Director” means  a  person  appointed  by  the
State Government, as the Managing Director of the State Marketing Board
under section 39B-1;]

(h)

“market” means any principal market established for the purposes

of this Act and also a subsidiary market 10[under section 5];

(i)

“market area” means an area specified in a declaration made under
section 4 11[and inculdes the area deemed to be a market area under clause (a)
of sub-section (1A) of section 13];

1 The  words  “and  Rural  Finance”  were  deleted  by  Mah.  32  of  1970,  s.  2  (1)  (a).
2 This  portion  was  added  by  Mah.  27  of  1987,  s.  2  (c).
3 Clause  (f-1a)  was  inserted  by  Mah.  7  of  2007,  s.  2.
4 These  clauses  were  substituted  for  clause  (f-1b)  by  Mah.  51  of  2018,  s.  2  (a).
5 Clause  (f1)  was  inserted  by  Mah.  48  of  2005,  s.  5  (2).
6 Clause  (f2)  was  inserted  by  Mah.  51  of  2018,  s.  2  (b).
7 Clause  (fa)  was  inserted  by  Mah.  27  of  1987,  s.  2  (d).
8 Clause  (fb)  was  inserted  by  Mah.  51  of  2018,  s.  2  (c).
9 This  clause  was  inserted  by  Mah.  21  of  2010,  s.  2.
10 These  words  were  added  by  Mah.  7  of  2017,  s.  2  (b).
11 This  portion  was  added  by  Mah.  5  of  1989,  s.  2  (a).

7

1964 : Mah. XX]

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

(j)

“Market Committee” or “Committee” means a committee constituted
for a market area under section 11 1[and includes 2[the Bombay Agricultural
Produce Market Committee established  under clause (a) of  sub-section (1A)
3[and the Divisional or Regional Market Committee declared under clause (a) of
sub-section (1-B)] of section 13 and]; a committee or committees constituted as
a result of amalgamation of Market Committees or division of a Market Committee
under section 44];

Mah.V
of 1962.

(k)

(l)

“member” means a member of a Market Committee;

“Panchayat Samiti” means a Panchayat Samiti established under the

Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;

(m)

“prescribed” means prescribed by rules made under this Act;

4[(ma)

“private market” means a market established by a licence holder

under sub-section (1) of section 5D;]

(n)

“processor” means a person who processes any agricultural produce

5[either of his own account, or] on payment of charge;

Mah. XXIV
of 1961.

(o)

“retail sale” means, in relation to any agricultural produce, sale of that
produce not exceeding such quantity as a Market Committee may by bye-laws
determine to be a retail sale;

(p)

(q)

(r)

“rules” means rules made under this Act;

“Schedule” means the Schedule to this Act;

“Secretary” means a Secretary of a Market Committee and includes a

Joint, Deputy or Assistant Secretary;

6[(r1)

“special commodity market” means a market declared under sub-

section (4) of section 4;]

7[(r2)

“State  Co-operative  Election  Authority”  means  the  State
Co-operative  Election  Authority  constituted  under  section  73CB  of  the
Maharashtra Co-operative Societies Act, 1960;]

8[(ra)

“State  Marketing  Board”  means  the  Maharashtra  State

Agricultural Marketing Board established under section 39A];

(s)

“Surveyor”  means  a  person  who  on  arrival  of  a  consignment  of
agricultural  produce  for  sale  in  any  market  area  or  market,  surveys  it  for
ascertaining the quality, refraction, adulteration and other like factors;

(t)

“trader” means a person who buys or sells agricultural produce, as a

principal or as duly authorised agent of one or more persons;

Mah.V
of 1962.

(u)

“Zilla  Parishad”  means  a  Zilla  Parishad  established  under  the

Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

1

2

This  portion  was  added  by  Mah.  27  of  1987,  s.  2  (e).

This  portion  was  inserted  by  Mah.  5  of  1989,  s.  2  (b).

3

This  portion  was  inserted  by  Mah.  48  of  2005,  s.  5  (3).
4 Clause  (ma)  was  inserted  by  Mah.  48  of  2005,  s.  5  (4).
5

These  words  were  inserted  by  Mah.  32  of  1970,  s.  2  (1)  (b).

6

This  clause  was  inserted  by  Mah.  48  of  2005,  s.  5  (5).

7

This  clause  was  inserted  by  Mah.  13  of  2018,  s.  2.
8 Clause  (ra)  was  inserted  by  Mah.  27  of  1987,  s.  2  (f).

Notification
of intention
of
regulating
marketing
of
agricultural
produce in
specified
area.

Declaration
of regula-
tion of
marketing
of specified
agricultural
produce in
market area.

8

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

[1964 : Mah. XX

(2)

If any question arises whether a person is or is not an agriculturist for the
purposes of this Act, the matter shall be referred to the Director, and the decision
of the Director thereon shall be final.

Market  Areas  and  Markets

3.

(1) The State Government may, by notification in the Official Gazette,
declare its intention of regulating the marketing of such agricultural produce, in such
area, as may be specified in the notification. The notification may also be published
in the language of the area in any newspaper circulating therein, and shall also be
published in such other manner as in the opinion of the State Government is best
calculated to bring to the notice of persons in the area, the intention aforesaid.

(2) The notification shall state that any objections or suggestions which may
be received by the State Government within a period of not less than one month
1[to be specified in the notification] will be considered by the State Government.

4.

(1) On the expiry of the period specified in the notification issued under
section 3, the State Government shall consider the objections and suggestions, if any,
received before the expiry of such period and may, if it considers necessary, hold an
inquiry in the manner prescribed.

Thereafter, the State Government may, by another notification in the Official
Gazette,  declare  that the  marketing  of  the  agricultural  produce specified  in  the
notification shall be regulated under this Act, in the area specified in the notification.
The area so specified shall be the market area. A notification under this section may
also be published in 2[a newspaper in the Marathi language] circulating therein, and
shall also be published in such other manner as in the opinion of the State Government
is best calculated to bring to the notice of persons in the area the declaration aforesaid.

(2) On any declaration being made under sub-section (1) no local authority
3[or any other person] shall thereafter, notwithstanding anything contained in any law
for the time being in force, establish, authorise or continue or allow to be established,
authorised  or continued  any  place in  the  market  area for  the  marketing of  that
agricultural produce.

(3) Subject to the provisions of section 3, the State Government may, at any
time by notification in the Official Gazette, exclude from a market area any area,
or include therein an additional area, or may direct that the regulation of the marketing
of any agricultural produce in any market area shall cease, or that the marketing of
any agricultural produce (hitherto not regulated) shall be regulated in the market area.
4[(4) The State Government may, by notification in the Official Gazette,
declare, in addition to the existing market, a special commodity market for any
market area after considering the turnover and special infrastructure requirements for
marketing of a particular agricultural produce.]

1

2

3

4

These words were substituted for the words “from the date of the notification” by Mah. 32 of 1970, s. 3.

These  words  were  substituted  for  the  words  “the  language  of  the  area  in  a  newspaper”  by  Mah.  27

of  1987, s. 3(a).

These  words  were  inserted  by  Mah.  27  of  1987,  s.  3(a).

This  sub-section  was  added  by  Mah.  48  of  2005,  s.  6.

9

1964 : Mah. XX]

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

5.

(1) For every market area, there shall be established a principal market,

and there may be established one or more subsidiary markets.

Establish-
ment  of
markets.

(2) The Director shall, as soon as possible after the issue of a notification
under sub-section (1) of section 4, by a notification in the Official Gazette, establish
any place (including any structure, enclosure, open place or locality) in any market
area to be the principal market for the marketing of the agricultural produce specified
in that notification; and may by the same notification, or by like notification, establish
in any other like places in the market area, subsidiary markets for the marketing of
such agricultural produce.

1[CHAPTER I-A

ESTABLISHMENT  OF  NATIONAL  INTEGRATED  PRODUCE  MARKET

5A.

(1) Notwithstanding anything contained in this Act or any other law for
the time being in force, the State Government may, by notification in the Official
Gazette,  declare  that  with  effect  from  such  date  as  may  be  specified  in  such
notification there shall be, established, for marketing fruits and vegetables in respect
of Mumbai and its surrounding area of 75 Kilometers radius or for any area or areas
in  the  State,  a  National  Integrated Produce  Market  owned  and  managed  as  an
autonomous entity by the National Dairy Development Board incorporated under the
National Dairy Development Board Act, 1987 or any other recognised body corpo-
rate under the State Act, Government Corporation, Company registered under the
Companies Act,  1956,  directly  or  through  any  organisation  set  up  by  it  or  in
conjuction with farmer’s association and thereupon the National Dairy Development
Board or any other organisation as the case may be, may,––

37 of
1987.

1 of
1956.

Establish-
ment of
National
Integrated
Produce
Market.

(a)

establish a National Integrated Produce Market of fruits and vegetables

in any area or areas as may be specified in the notificaion;

(b)

set  up  by  itself  or  finance,  assist  or  support  farmers  and  farmers
association to set up collection centres by whatever name called at various places
in the State whether within or outside the area aforesaid to collect, assemble, sort,
grade, process, pack, store or transport, fruits and vegetables and to provide,
market information and to carry out such other activities as may enable them to
market  the  produce  using  the  National  Integrated  Produce  Market  or  to  do
anything facilitatory or incidental thereto;

1 Chapter  1-A  was  inserted  by  Mah.  13  of  2003,  s.  2.
 Now  see  the  Companies  Act,  2013  (18  of  2013).

10

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

[1964 : Mah. XX

(c)

set up or support otherwise the marketing by setting up distribution
channels and branches at various places in the State whether within or outside the
area aforesaid;

(d)

register users of the National Integrated Produce Market and may also
levy and collect registration fee, security deposit and advance and levy and collect
other charge for the services rendered and utilities provided to the farmers, farmers
association, farmers co-operative societies, buyers and all other functionaries
registered with or using the National Integrated Produce Market.

(2) Notwithstanding anything contained in sub-section (1) the State Govern-
ment may, by notification in the Official Gazette, direct that from such date as may
be specified therein, marketing of flowers in the National Integrated Produce Market
shall  also  be  governed  by  the  provisions  of  this  chapter  and  thereupon  all  the
provisions of this chapter shall be applicable also to the marketing of flowers and
other related activities in the National Integrated Produce Market.

Power to
make
regulations.

5B. The National Dairy Development Board or any other association which
is duly recognised by the State Government may, with the previous approval of
the State Government make regulations under this Chapter for the purposes of
ownership, management, marketing, trading and other related activities in relation to
the National Integrated Produce Market and for the enforcement thereof.

Other
provisions
of Act not
to apply to
National
Integrated
Produce
Market.

Direct
marketing,
establish-
ment of
private
market and
farmer-
consumer
market and
redressal of
disputes.

5C. Nothing contained in this Act or the rules, regulation or bye-laws made

thereunder except the provisions of this Chapter shall apply to,––

(i)

anything done or any action taken in relation to the Establishment and
Management of the National Integrated Produce Market under this chapter or
anything done in pursuance thereof; or

(ii)

any person, agency or organisation interacting in relation to the National

Integrated Produce Market by way of business dealings or otherwise.]

1[CHAPTER I-B

DIRECT  MARKETING,  ESTABLISHMENT  OF  PRIVATE  MARKET  AND
FARMER-CONSUMER  MARKET.

5D.

(1) The Director may, subject to such terms and conditions as may be
prescribed, grant licence to any person for direct marketing or for establishing a
private market in one or more market areas for––

(a) processing of the agricultural produce;

(b)

trade of the agricultural produce of particular specification;

(c)

export of the agricultural produce;

(d) grading, packing and transactions in any other way by value addition of

the agricultural produce.

1 Chapter  I-B  was  inserted  by  Mah.  48  of  2005,  s.  7.

11

1964 : Mah. XX]

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

(2) (a) The Director may, subject to such terms and conditions as may be
prescribed grant licence to any person, who agrees or undertakes to develop the
prescribed infrastructure, for establishing farmer-consumer market.

(b) Market service charge shall be collected on sale of the agriculture produce
by the seller and shall be remitted to the proprietor of the farmer-consumer market.

(c) Save as otherwise provided in this Act, no market fee shall be leviable on

the sale or purchase of the agricultural produce in the farmer-consumer market.

(3)(a) Any person who desires to purchase agricultural produce directly from
the agriculturist or to establish a private market or farmer-consumer market, in one
or more than one market area, shall apply to the Director for grant or renewal of
licence, as the case may be, in the manner and for the period, as may be prescribed.

(b) Alongwith every such application an adequate security deposit and a fee

as may be prescribed shall be deposited.

(c) Application received under clause (a) for grant or renewal of licence shall

be rejected by the Director for any of the following reasons, namely :

(i) dues  of  any  Market  Committee  or  the  State  Marketing  Board  are

outstanding against the applicant;

(ii) the applicant is a minor;

(iii) the applicant is an insolvent;

(iv) any other sufficient reason to be specified in writing.

(4)(a) The Director may suspend or cancel the licence and communicate to
the licence holder in writing, about the suspension or cancellation of his licence, if –

(i)

the licence has been obtained through wilful misrepresentation or fraud;

(ii) the holder of the licence has committed a breach of any of the terms or

conditions of licence;

(iii) the holder of the licence has become an insolvent;

(iv) the  holder  of  the  licence  has  been  convicted  of  any  offence  under

this Act.

(b) No licence shall be suspended or cancelled without giving a reasonable

opportunity to its holder to show cause against such suspension or cancellation.

12

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

[1964 : Mah. XX

Establish-
ment of
Market
Commi-
ttees.

(5)(a) Any  dispute  between  the  direct  marketing  licence  holder,  private
market, farmer-consumer market and the Market Committee, shall be referred to the
Director.  The  dispute  shall  be  resolved  after  giving  the  parties  a  reasonable
opportunity of being heard, in the manner prescribed.

(b) Any person aggrieved by the decision of the Director under clause (a)

may prefer an appeal to the State Government.

(c) An appeal under clause (b) shall be made within a period of thirty days

from the date of the decision of the Director.

(d) The order passed in appeal by the State Government shall be final.

(6)(a) The provisions of clauses (i), (ii), (iv), (v), (vi), (vii), (viii), (ix), (x),
(xi), (xii), (xiii), (xx), (xxi), (xxv) and (xxvi), of sub-section (2) of section 29, sub-
sections (1), (3) and (4), of section 31 and sections 32A, 34A, 39, 40, 41, 42, 48,
49,  50,  51,  52,  52A,  56,  57  and  59B  shall  apply,  mutatis  mutandis,  to  direct
marketing licence holder, private market and farmer-consumer market.

(b) Notwithstanding  anything  contained  in  clause  (a),  direct  marketing
licence holder shall pay the market fee as per section 31 to the Maharashtra State
Agricultural Marketing Board, who, in turn shall disburse the same to the concerned
Market Committee, in the manner prescribed.

(7) The licensing management, marketing, trading and other related functions
of  the  markets  established  under  this  section  shall  be  regulated  in  the  manner
prescribed.]

1[CHAPTER I-C

CONTRACT  FARMING  AGREEMENT

Procedure
and form of
Contract
Farming
Agreement.

5E.

(1) Contract Farming Sponsor shall register himself with the Market

Committee or with the prescribed officer, in such manner as may be prescribed.

(2) The Contract Farming Sponsor shall get the Contract Farming Agreement
recorded with the officer prescribed in this behalf. The Contract Farming Agreement
shall be in such form containing such particulars and terms and conditions, as may
be prescribed.

(3) Notwithstanding anything contained in the Contract Farming Agreement or
the Indian Contract Act, 1872 or any other law for the the time being in force, no
title, or rights in or, ownership or possession of agricultural land of the Contract
Farming Producer shall be transferred, alienated or vested in the Contract Farming
Sponsor or his successor or his agent.

9 of
1872.

(4) Dispute arising out of any Contract Farming Agreement may be referred
to a settlement authority as may be prescribed in this behalf. The settlement authority
shall resolve the dispute in a summary manner within thirty days, after giving the
parties a reasonable opportunity of being heard.

1 Chapter  1-C  was  inserted  by  Mah.  25  of  2006,  s.  3.

13

1964 : Mah. XX]

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

(5) The party aggrieved by the decision of the settlement authority under
sub-section (4) may prefer an appeal to the Appellate Authority as may be pre-
scribed in this behalf, within thirty days from the date of the decision. The Appellate
Authority shall dispose of the appeal within thirty days, after giving the parties a
reasonable opportunity of being heard and the decision of the Appellate Authority
shall be final.

(6) The decision of the settlement authority under sub-section (4) and the
decision of the Appellate Authority in appeal under sub-section (5), shall have force
of the decree of a Civil Court and shall be enforceable as such and the decretal
amount shall be recovered as an arrears of land revenue.

(7) Dispute relating to and arising out of a Contract Farming Agreement shall

not be called in question in any Court of Law.

(8) The agricultural produce covered under the Contract Farming Agreement
may be sold to the Contract Farming Sponsor outside the market yard and in such
a case, no market fee shall be leviable.]

1[CHAPTER I-D

MARKETING THROUGH ELECTRONIC TRADING

Establish-
ment of
Electronic
trading
platform.

Grant or
Renewal of
licence  to
establish
Electronic
trading
platform.

5F.

(1) No person other than the State Government or the Government
Agencies as may be notified shall establish and run any Electronic trading platform
for trading in agricultural produce without holding a licence under this Act.

(2) Save  as  provided  in  sub-section  (1),  the  State  Government  or  the
Government Agencies as may be notified, may establish and run E-trading platform
for trading in agricultural produce in the manner as may be prescribed.

5G.

(1) Any  person  desirous  of  establishing  an  E-trading  platform
under section 5F shall apply to the Director or the Officer authorized by him in
such form and manner along with such fee, security or bank guarantee and fulfilling
such conditions, as may be prescribed.

(2) The application received under sub-section (1) for grant or renewal of
licence may be accepted or rejected for reasons recorded in writing by the licensing
authority :

Provided that, the application received under this section shall be liable to be
rejected on the reasons mutatis mutandis to the reasons laid down in respect of
private market under clause (c) of sub-section (3) of section 5D.

(3) The E-trading platform managed and operated by a person or the State
Government or the Government Agencies, as the case may be, shall provide all
infrastructures and service connected to E-trading, as may be prescribed.

1

CHAPTER  I-D  was  inserted  by  Mah.  51  of  2018,  s.  3.

14

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

[1964 : Mah. XX

(4) The  licensee  or  its  agency  may  collect  user  charge  on  the  services

provided, which shall be notified by such licensee on its website :

Provided that, the Government may, in the public interest, from time to time, by

notification in the Official Gazette, put ceiling on the rate of user charge.

5H. A  licensee  under  section  5G,  desirous  to  link  to  E-platform  of  the
Government of India, may apply, through the State Government or the concerned
Government Agencies, to the Department of Agriculture, Co-operation and Farmers
Welfare, in the form and manner, as may be prescribed.

5I.

In  order  to  evolve  a  unified  National  Agricultural  Market  and
integrate  various  E-trading  platforms,  the  various  software  applications  in  the
E-trading platform should be interoperable with other E-trading platforms as per
the  specifications  and  standards  laid  down  by  the  Director  or  the  Authority
designated therefor.

Integration
of  licence
holder under
section 5G
to E -
platform.

Interoper-
ability of
E-trading
platforms.

5J.

(1) Notwithstanding  anything  contained  in  this  Act,  payment  of
agricultural  produce  traded  on  Electronic  trading  platform  shall  be  made  on
the  same  day  of  the  sale  transaction  to  the  seller  on  real  time  basis  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 the manner as may
be prescribed by rules.

Payment  to
the  sellers
and mainte-
nance  of
accounts.

(2) The licensee or Agricultural Produce Market Committee, as the case
may be, shall maintain accounts of all the transactions taken place on Electronic
trading platform and submit such periodical reports and returns to the Managing
Director, the Maharashtra State Agricultural Marketing Board or the Authorized
Officer, at such time and in such forms, as may be specified by the Director of
Marketing, from time to time.

5K. The Director may, by order, for the reasons to be recorded, suspend
or cancel the licence granted under section  5G. The breach of any provision of
the Act or rules or bye-laws, instructions, orders or guidelines shall be specified
in the order :

Provided that, no order for suspension or cancellation of licence shall be passed

without giving a reasonable opportunity of being heard.

5L. Any  dispute  arising  between  or  amongst  the  licensees  of  E-trading
platforms,  or  between  or  amongst  the  licensees  and  the  Agricultural  Produce
Market Committee or Government Agencies, shall be resolved by the Director or
the Officer authorized by him, in summary manner within thirty days, after giving
the parties reasonable opportunity of being heard.

5M. Every  licensee  under  section  5G  while  carrying  out  E-trading  on

E-trading platform shall be under obligation to ––

(a)
takes place,

carry out quality assaying of agriculture produce before its transaction

Suspension
or Cancella-
tion  of
electronic
trading
platform.

Dispute
settlement.

Obligation of
licensee
under
section 5G
for E-trading
platform.

15

1964 : Mah. XX]

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

(b)

carry  out  auction  or  any  other  mode  of  price  discovery  for  the
produce  in  a  fair  and  transparent  manner  without  interference  from  traders
or commission agents,

(c) maintain  recording of  all transactions  on real  time basis  displaying
market information on electronic portal of the Maharashtra State Agriculture
Marketing Board, Agrimark Net or equivalent on real-time basis in the format
prescribed by the Director,

(d)

issue trading licenses to all the eligible traders for E-trading without
discrimination  or  favour,  within  the  time  limit  prescribed  by  rules  framed  by
the State Government in this regard which shall be countable from the date of
making applications,

(e) provide facility for cleaning and grading and warehouses (dry and cold

storages) to meet requirement of agriculturists,

(f) not to allow over-trading.]

CHAPTER II

MARKETING  OF  AGRICULTURAL  PRODUCE

6.

(1) Subject to the provisions of this section and of the rules providing
for regulating the marketing of agricultural produce in any place in the market area,
no  person  shall,  on  and  after  the  date  on  which  the  declaration  is  made  under
sub-section (1) of  section 4,  without, or  otherwise than  in conformity  with the
terms  and  conditions  of,  a  licence  (granted  by  the  Director  when  a  Market
Committee has not yet started functioning; and in any other case, by the Market
Committee) in this behalf,––

Regulation
of market-
ing of
agricultural
produce.

(a)

use any place in the market area for the marketing of the declared

agricultural produce, or

(b)

operate  in  the  market  area  or  in  any  market  therein  as  a  trader,
commission  agent,  broker,  processor,  weighman,  measurer,  surveyor,
warehouseman  or  in  any  other  capacity  in  relation  to  the  marketing  of  the
declared agricultural produce.

(2) Nothing in sub-section (1) shall apply to sales by retail; 1[sales by an
agriculturist who sells his own produce;] nor to sales by a person where he himself
sells to another who buys for his personal consumption or the consumption of any
member of his family.

2[(2A) Notwithstanding  anything  contained  in  this  Act,  marketing  of
agricultural  produce  specified  in  all  the  entries  of  items  VII-Fruits  and  VIII-
Vegetables  and entries  (2), (3),  (4) and  (5)  of item  X.  Condiments,  spices  and
others of the Schedule by any person outside the market established under section
5, except as provided in section 5D, shall not require any licence or permission, and
shall not be regulated by the Market Committee.]

1

2

These  words  were  inserted  by  Mah.  32  of  1970,  s.  4.

Sub-section  (2A)  was  inserted  by  Mah.  7  of  2017,  s.  3.

Grant of
licences.

16

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

[1964 : Mah. XX

1[(3) Every Market Committee shall reserve sufficient space in the market
area of its principal and subsidiary markets for the agriculturists to enable them to sell
their own agricultural produce directly to the consumers without the help of interme-
diaries and shall also look after the maintenance of such space.]

7.

(1) Subject to rules made in that behalf, a Market Committee may, after
making such inquiries as it deems fit, grant or renew a licence for the use of any place
in the market area for marketing of the agricultural produce or for operating therein
as a trader, commission agent, broker, processor, weighman, measurer, surveyor,
warehouseman or in any other capacity in relation to the marketing of agricultural
produce; or may, after recording its reasons in writing therefor, refuse to grant or
renew any such licence :

2[Provided that, if the Market Committee fails to grant or renew or refuse a
licence within a period of sixty days from the date of receipt of the application
therefor, the licence shall be deemed to have been granted or renewed, as the case
may be.]

(2) Licences may be granted under sub-section (1) in such forms, for such
periods, on such terms and conditions and restrictions (including any provisions for
prohibiting brokers and commission agents from acting in any transaction both as
buyer or seller, or on behalf of both the buyer and seller, and also provisions for
prohibiting brokers from acting in any transaction, except between a trader and
trader, in respect of agricultural produce other than poultry, cattle, sheep and goats
and such other agricultural produce as may be prescribed, and for prescribing the
manner in which and the places at which auctions of agricultural produce shall be
conducted and the bids made and accepted and places at which weighment and
delivery of agricultural produce shall be made in any market or market area) and on
payment of fees, not being in excess of such maxima as may be prescribed. 3[Pro-
vision may also be made for exempting any class of persons from payment of such
fees on such terms and conditions as may be prescribed.]

4[(3) Notwithstanding anything contained in sub-sections (1) and (2), any
trader who desires to operate in more than one market area, may apply to such
authority or officer notified by the State Government for grant or renewal of licence
with such details, as may be prescribed. Such application shall contain the names of
the Agricultural Produce Market Committees in which the applicant trader wants to
operate and the authority or officer granting such licence shall incorporate in the
licence the names of such Agricultural Produce Market Committees in which con-
cerned trader shall be entitled to operate. The person applying for licence to operate
in more than one market area, shall be required to pay the licence fee at such rate,
as may be prescribed, to the concerned authority or officer and such fee shall be
shared in the manner prescribed, between such authority or, as the case may be,
officer and the Marketing Committees which are covered under the said licence.]

1 Sub-section  (3)  was  added  by  Mah.  11  of  2003,  s.  3.
2 The  proviso  was  added  by  Mah.  27  of  1987,  s.  4.
3 This  portion  was  added  by  Mah.  32  of  1970,  s.  5.
4 Sub-section  (3)  was  added  by  Mah.  48  of  2005,  s.  8.

17

1964 : Mah. XX]

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

1[(4) (a) Notwithstanding anything contained in sub-sections (1), (2) and (3)
of  this  section,  any  person  desiring  to  trade  on  Electronic  trading  platform
shall obtain certificate of registration as a trader, from such authority as may
prescribed in this behalf.

(b) The application for registration under clause (a) shall be made online

and in such manner as may be prescribed.

(c) Digitally signed certificate of registration shall be issued by Compentent

Authority in the Form as may be prescribed.

(d) Notwithstanding anything contained in clause (a) to (c) of this sub-
section, the Competent Authority may, for reasons to be recorded in writing,
refuse to grant or renew a certificate of registration for carrying out trade to any
person, who in its opinion, is found to have acted in a manner detrimental to online
trading, or, if the person has not traded for more than six months without any valid
reasons, or has exhausted his dynamic cash credit limit with the bank or has failed
in online payments of seller, buyer, Commission agent, supervision cost, market fee
and any other payments under the Act, rules and bye-laws, if any, registration is
not granted or renewed the Applicant shall be informed of the same giving the
reasons therefor and the registration fee, if paid, shall be forfeited to the market
fund or to the State Government, as the case may be.

(e) The Certificate of Registration for electronic trading shall be valid in
respect of the person in whose name that is issued and shall not be transferable.

(f) Certificate of registration shall be liable for suspension or cancellation if

there is –

(i)
fair manner; or

breach of any rules meant for transparency and price discovery in a

(ii) over-trading above the available cash credit limit by fraudulent means;or

(iii) refusal  or  deceitfully  declining  making  online  payments  on  real
time  basis  for  commodity  traded  and  other  payments  under  the Act,  rules
and bye-laws.

(g) Every certificate of registration so granted or renewed shall be in force

for a period of three years from the date of granting or renewing Certificate.

(h) Each Market Committee and Private Market having electronic trading
platform shall publish the list of all the certificate of registration online for traders
having registration for using E-trading platform of the market.]

1

Sub-section  (4)  was  added  by  Mah.  51  of  2018,  s.  4.

Power to
cancel or
suspend
licences.

18

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

[1964 : Mah. XX

8.

(1) Subject to the provision of sub-section (3), a Market Committee

may, for reasons to be recorded in writing, suspend or cancel a licence–

(a)

if licence has been obtained through wilful misrepresentation, or fraud;

(b)

if the holder thereof or any servant or any one acting on his behalf with
his  express  or  implied  permission,  commits  a  breach  of  any  of  the  terms  or
conditions of the licence;

(c)

if the holder of the licence in combination with other holders of licences
commits any act or abstains from carrying out his normal business in the market
with the intention of wilfully obstructing, suspending or stopping the marketing of
agricultural produce in the market area in consequence where the marketing of any
produce has been obstructed, suspended or stopped;

(d)

if the holder of the licence has been adjudged an insolvent, and has

not obtained his discharge; or

(e)

if the holder is convicted of any offence under this Act.

1[(1A) Notwithstanding anything contained in sub-section (1), but subject to
the provisions of sub-section (3), the Chairman and Secretary of a Market Commit-
tee  acting jointly  may, for  reasons to  be  recorded by  them in  writing, by  order
suspend a licence for a period not exceeding 15 days for any reason for which a
Market Committee may suspend the licence under sub-section (1)].

(2) Notwithstanding anything contained in sub-section (1), but subject to the
provisions of sub-section (3), the Director may, for reasons to be recorded in writing
by order suspend or cancel any licence granted or renewed under this Chapter.

(3) No licence shall be suspended or cancelled under this section, unless the
holder thereof, has been given a reasonable opportunity to show cause against such
suspension or cancellation.

9. Any person aggrieved by an order––

Appeal.

(a)

of  the Market  Committee  refusing to  grant or  renew  a licence,  or
cancelling a licence, or suspending any licence may, within thirty days from the date
on which the order is communicated to him, appeal to the Director;

(b)

of the Director refusing to grant or cancelling or suspending a licence

may, within the like number of days, appeal to the State Government.

The Director or, as  the case may be, the State  Government shall, on such

appeal, make such order as is deemed just and proper.

Provided that, before dismissing an appeal, the Director or as the case may be,
the State Government, shall give such person a reasonable opportunity of being
heard, and record in writing the reasons for such dismissal.

1

Sub-section  (1A)  was  inserted  by  Mah.  27  of  1987,  s.  5.

19

1964 : Mah. XX]

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

10.

(1) For the purpose of settling disputes between buyers and sellers, or
their agents, including any disputes regarding the quality or weight or payment of any
agricultural produce or, any matter in relating to the regulation of marketing of agricultural
produce in the market area, the Market Committee of that area shall constitute
1

 a 2[Dispute Sub-Committee].





Provision
for
settlement
of
disputes.

3[(2) The Dispute Sub-Committee shall consist of––

(a)

the  Vice-Chairman  of  the  Market  Committee,  who  shall  be  the

Chairman of the Dispute Sub-Committee;

(b)

two  members  of  a  committee  representing Agriculturists  whether

elected or nominated;

(c)
or nominated;

one member of a committee representing the traders whether elected

(d) one member from amongst persons who, in the opinion of the Director,

are experts in marketing of agricultural produce.

The  members referred  to  in clauses  (b) and  (c)  shall  be designated  by  the
Market Committee and the member referred to in clause (d) shall be nominated by
the Director. Where a dispute is in respect of cotton, then in the place of the member
representing the traders, the Maharashtra State Co-operative Cotton Growers Fed-
eration Limited shall appoint a member on the Dispute Sub-Committee one of its
officers 4[other than the grader] who shall not be lower in rank than that of a Sub-
Zonal Manager of the said Federation. Where the State Government appoints any
person or authority other than the said Federation as its agent for sale or purchase
of cotton, then such member shall be appointed by that agent.

5[(3) The Secretary of the Market Committee shall act as the Member Secretary
of the Dispute Sub-Committee who shall have no right of vote. Three members shall
form the quorum. The Dispute Sub-Committee shall record its decision in writing.
Any person aggrieved by the decision of the Dispute Sub-Committee may,––

(a)

in case of perishable agricultural produce, such as fruits, vegetables and
fishes, within six hours from the communication of the decision to him, appeal to
the Secretary of the concerned Market Committee who shall dispose of the such
appeal within further six hours; and

(b)

in case of any other perishable agricultural produce, within twenty-four
hours  from  the  communication  of  the  decision  to  him  and  in  case  of  other
agricultural produce, within three days from the date on which the decision is
communicated  to  him,  appeal  to  the  concerned  District  Deputy  Registrar  of
co-operative  societies  who  shall  dispose  of  the  appeal  in  case  of  perishable
agricultural produce within twenty-four hours and in case of any other agricultural
produce, within seven days from the date of receipt of the appeal.]

(4) The Dispute Sub-Committee may make rules for the conduct of its busi-
ness including the rules regarding the payment of the amount of deposit (anamat),
if any, to be made to it.

1

2

3

4

5

The  words  “from  amongst  its  members”  were  deleted  by  Mah.  39  of  1973,  s.  2  (1).

These  words  were  substituted  for  the  word  “Board”  by  Mah.  27  of  1987,  s.  6  (a).

These  Sub-sections  were  substituted  for  the  original  sub-section  (2)  by  Mah.  27  of  1987,  s.  6  (b).

These  words  were  inserted  by  Mah.  11  of  2003,  s.  4  (a).

Sub-section  (3)  was  substituted  by  Mah.  11  of  2003,  s.  4  (b).

20

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

[1964 : Mah. XX

1[(5) The  Secretary  of  the  market  Committee  or  the  District  Deputy
Registrar, as the case may be, shall record his decision in appeal under sub-section
(3), in writing and it shall be final.]

2[(6)

In each  market area,  considering the scope  and requirement  of the
business in the market, the Director shall, fix the number of hamals, weighmen and
measurers.]]

CHAPTER III

CONSTITUTION  OF  MARKET  COMMITTEES

11. For  every  market  area,  there  shall  be  established  by  the  State
Government Market Committee consisting of the Chairman, a Vice-Chairman and
other members and different Market Committees may be established for regulating
the marketing of different kinds of agricultural produce for the same market area, or
any part thereof. The Market Committee shall have all such powers and discharge
all such functions as are vested in it by or under this Act.

12.

3[(1)] Every Market Committee shall be a body corporate by the name
of “the .................................................... Agricultural Produce Market Committee”
and shall have perpetual succession and a common seal and may in its corporate
name  sue  and  be  sued,  and  shall  be  competent  to  contract,  acquire  and  hold
property, both movable and immovable, and to do all other things necessary for
the purpose for which it is established :

4[Provided that, no immovable or movable property the value of which exceeds
the prescribed limits shall be acquired or disposed of by the Market Committee
without the prior permission of the Director.]

3[(2) Notwithstanding anything contained in any law for the time being in
force, every Market Committee shall, for all purposes, be deemed to be a local
authority.]

5[(3)] The Market Committees shall be classified by the Director subject to
the guidelines prescribed, considering the volume and nature of the turnover for the
purpose of laying down the norms for staff schedule, establishment expenditure, other
expenses and allowances.]

13.

shall consist of the following 6[ 7

(1) Subject to the provisions of sub-section (2), every Market Committee


 Members], namely :––



8[(a)]

9[fifteen agriculturist residing in the market area (being persons whose

1

2

3

4

5

6

7

8

9

Sub-section  (5)  was  substituted  by  Mah.  11  of  2003,  s.  4  (c).

Sub-section  (6)  was  substituted  by  Mah.  11  of  2003,  s.  4  (d).

Section  12  was  renumbered  as  sub-section  (1)  of  section  12  and  sub-section  (2)  was  added  by  Mah.  10
of  1984,  s.  2.

This  proviso  was  added  by  Mah.  27  of  1987,  s.  7.

Sub-section  (3)  was  added  by  Mah.  11  of  2003,  s.  5.

These  words  were  substituted  for  the  words  “Fifteen  members”  by  Mah.  32  of  1970,  s.  6  (1).

The  words  “Eighteen”  was  deleted  by  Mah.  27  of  1987,  s.  8  (a)  (i).

Clause  (a)  was  substituted  by  Mah.  47  of  2006,  s.  2  (a).

This  portion  was  substituted  by  Mah.  10  of  2008,  s.  2  (a).

Establish-
ment of
Market
Commit-
tees.

Incorpora-
tion of
Market
Commit-
tees.

Constitution
of Market
Committees.

21

1964 : Mah. XX]

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

names appear in the voter’s list for the concerned constituency and who are not
less  than  1[twenty  one  years  of  the  age  on  the  date  specified,  from  time  to
time, by the State Co-operative Election Authority, if required with the help of the
Collector  or  the  District  Deputy  Registrar,  as  the  case  may  be,  in  this  behalf),
as specified below :–

2 [(i)

fifteen (of which, two shall be women, one shall be a person belonging
to  Other  Backward  Classes,  one  shall  be  a  person  belonging  to  De-notified
Tribes (Vimukta  Jatis)  or  Nomadic Tribes  and  one  shall  be  a  person  belonging
to the Scheduled Castes or Scheduled Tribes) shall be elected by eligible voters
(agriculturist who holds minimum 10 R land and who are not less than eighteen
years of age on the date specified by the State Co-operative Election Authority
and who has sold his or her notified agriculture produce in the concerned Market
Committee at least three times in preceding five years before date of declaration of
election) residing in the market area :

Provided that, where the Market Committee is situated in Tribal area, one
person belonging to the Scheduled Tribes shall be elected in place of the election of
the person belonging to the De-notified Tribes (Vimukta Jatis) or Nomadic Tribes
as aforesaid;]

3 [  ]
4[(b)

two  shall  be  elected  by  traders  and  commission  agents,  holding

licences for not less than two years to operate as such in the market area;]

one member shall be elected by hamals and weighmen operating as

5[(b-1)
such in the market area;]
6 [  ]
7 [  ]
8 [  ]
9[( f )

the Deputy Registrar of Co-operative Societies of the district or his

representative, who shall have no right to vote;]

10[(g)
to vote;]

the  Secretary  of  the  Market  Committee,  who  shall  have  no  right

Mah. XIII
of 2018.

11[Provided that, during the period of five years from the date of commence-
ment  of  the  Maharashtra  Agriculture  Produce  Marketing  (Development  and
Regulation) (Amendment) Act, 2017, in an election conducted immediately after
such  date  of  commencement;  all  the  agriculturists  residing  in  the  market  area
who hold minimum 10 R land and who are not less than eighteen years of age on
the date specified by the State Co-operative Election Authority shall be eligible
for voting unless otherwise ineligible to vote.]

1

2

3

4

5

6

7

8

9

10

11

These  words  were  substituted  for  the  words  “twenty-one  years  of  age  on  the  date  specified,  from  time
to  time,  by  the  Collector  or  the  District  Deputy  Registrar,  as  the  case  may  be”  by  Mah.  13  of  2018,
s.  3(1)  (a)  (i).

Sub-clause  (i)  and  proviso  thereto  was  substituted  by  Mah.  13  of  2018,  s.  3  (1)(a)(ii).

Sub-clause  (ii)  was  deleted  by  Mah.  13  of  2018,  s.  3(1)(a)(iii).

Clause  (b)  was  substituted  by  Mah.  11  of  2003,  s.  6(a).

Clause  (b-1)  was  inserted  by  Mah.  27  of  1987,  s.  13(a)(iv).

Clause  (c)  and  proviso  thereto  was  deleted  by  Mah.  13  of  2018,  s.  3(1)(b).

Clause  (d)  was  deleted  by  Mah.  13  of  2018,  s.  3(1)(c).

Clause  (e)  was  deleted  by  Mah.  13  of  2018,  s.  3(1)(d).

Clause  (f)  was  substituted  for  original  by  Mah.  73  of  1975,  s.  2.

Clause  (g)  was  substituted  by  Mah.  11  of  2003,  s.  6  (c).
This  Proviso  was  inserted  by  Mah.  13  of  2018,  s.  3(1)(e).

22

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

[1964 : Mah. XX

1   

2[(1A)

(a) Notwithstanding anything contained in sub-section (1) of this
section or in section 4 or other provisions of this Act, the area comprising Greater
Bombay and Turbhe Village in Thane Taluka of Thane District 3[and such other
area or areas as may be specified by the State Government by notification in the
Official Gazette, from  time to time] (hereinafter  referred to as  “the Bombay
market area”) shall be deemed to be a market area for the purposes of this Act,
and the Market Committee for that area to be called by the name of the Bombay
Agricultural Produce Market Committee shall subject to the provisions of sub-
 members], namely :–
section (2), consist of the following 4[ 5





(i)

twelve  representative  of  agriculturists  elected  by  the  agriculturist
members of the other Agricultural Produce Market Committee in the State, 6[two
such members] to be elected from each Revenue Division;

7[(ii)

five representatives, elected by the traders and commission agents,
holding  licences  to  operate  as  such in  the  Bombay  market  area,  as  specified
below,––

(a) one representative dealing in onion, potato and garlic, elected by and

from amongst themselves;

(b)
themselves;

one representative dealing in fruits, elected by and from amongst

(c) one representative dealing in vegetables, elected by and from amongst

themselves;

(d)

one representative dealing in foodgrains, pulses, edible and non-

edible oils, elected by and from amongst themselves;

(e)

one representative dealing in all other commodities elected by and

from amongst themselves;]

8[(iia) one representative elected by hamals and weighmen operating as such

in the market area;]

7[(iii)
Corporation;

one  nominated  representatives  of  the  Navi  Mumbai  Municipal

1

2

3

4

5

6

7

8

Sub-section  (1-a)  was  deleted  by  Mah.  13  of  2018,  s.  3  (2).

Sub-section  (1A)  was  inserted  by  Mah.  58  of  1976,  s.  2  (1).

This  portion  was  inserted  by  Mah.  5  of  1989,  s.  3.

These  words  were  substituted  for  the  words  “twenty-eight  members” by  Mah. 34  of 1984, s.  2 (a) (i).

The  word  “nineteen”  was  deleted  by  Mah.  27  of  1987,  s.  8 (b) (i).

These  words  were  substituted  for  the  words  “three  such  members” by  Mah. 34  of 1984, s.  2 (a) (ii).

Clauses  (ii)  and  (iii)  to  (vii)  were  substituted  by  Mah.  33  of  2000,  s.  2  (1).

Sub-clause  (iia)  was  inserted  by  Mah.  27  of  1987,  s.  8  (b)  (ii).

23

1964 : Mah. XX]

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

(iv) one nominated representative of the Mumbai Municipal Corporation;

(v)

one nominated representative of the Mumbai Metropolitan Region
Development Authority  constituted  under  the  Mumbai  Metropolitan  Region
Development Authority Act, 1974;

Mah. IV
of
1975.

1[(vi)

five representatives (of which, two shall be women, one shall be a
person belonging to the Scheduled Castes or the Scheduled Tribes, one shall be
a person belonging to the Other Backward Classes and one shall be a person
belonging to the De-notified Tribes (Vimukta Jatis) or Nomadic Tribes), to be
nominated by the State Government;]

(vii)

the Director of Agricultural Marketing, Maharashtra State, Pune;]

(viii)

(ix)

2

2





















3[(b)

a person who is a member of the Market Committee under sub-
clauses (iii), (iv), (v) or (vii) of clause (a), shall have a right to take part in the
discussions of the Committee, but shall not have a right to vote at a meeting thereof.]

4[(1B)

(a) Notwithstanding anything contained in any provisions of this
Act, the State Government may, by notification in the Official Gazette, declare
any  Agricultural  Produce  Market  Committee  to  be  the  Divisional  Market
Committee for more than one districts or Regional Market Committee for more
than one talukas.

(b) The  area specified  by  the State  Government  by  notification in  the
Official Gazette, from time to time, shall be deemed to be the market area for
the purposes of this Act and the Market Committee for that area shall be called
by the name as may be notified by the State Government and it shall function as
the Divisional or Regional Market Committee.

1

2

3

4

Clause  (vi)  was  substituted  by  Mah.  47  of  2006,  s.  2  (b).

Sub-clauses  (viii)  and  (ix)  were  deleted  by  Mah.  34  of  1984,  s.  2  (a)  (vii).

Clause  (b)  was  substituted  by  Mah.  33  of  2000,  s.  2  (1).

Sub-section  (1B)  was  inserted  by  Mah.  48  of  2005,  s.  9  (1).

24

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

[1964 : Mah. XX

(c) The Divisional or Regional Market Committee shall, subject to the

provisions of sub-section (2), consist of the following members, namely :––

1[(i) Fifteen representatives of the agriculturists (of which one shall be
woman, one shall be a person belonging to Other Backward Classes, one shall

be  a  person  belonging  to  De-notified  Tribes  (Vimukta  Jatis)  or  Nomadic

Tribes  and  one  shall  be  a  person  belonging  to  the  Scheduled  Castes  or

Scheduled Tribes) shall be elected by eligible voters (agriculturist who holds

minimum 10R land and who are not less than eighteen years of age on the

date specified by the State Co-operative Election Authority and who has sold

his or her notified agriculture produce atleast three times in preceding five years

before  date  of  declaration  of  election)  residing  in  the  market  area  of  the

Divisional Market Committee :

Provided that, where the Divisional Market Committee is situated in Tribal

areas, one person belonging to the Scheduled Tribes shall be elected in place

of the election of the person belonging to the De-notified Tribes (Vimukta

Jatis) or Nomadic Tribes as aforesaid;]

2[(ii) Fifteen representatives of the agriculturists (of which one shall be
woman, one shall be a person belonging to Other Backward Classes, one shall

be  a  person  belonging  to  De-notified  Tribes  (Vimukta  Jatis)  or  Nomadic

Tribes  and  one  shall  be  a  person  belonging  to  the  Scheduled  Castes  or

Scheduled Tribes) shall be elected by eligible voters (agriculturist who holds

minimum 10R land and who are not less than eighteen years of age on the date

specified by the State Co-operative Election Authority and who has sold his or

her notified agriculture produce at least three times in preceding five years

before  date  of  declaration  of  election)  residing  in  the  market  area  of  the

Divisional Market Committee :

Provided that, where the Divisional Market Committee is situated in Tribal

areas, one person belonging to the Scheduled Tribes shall be elected in place

of the election of the person belonging to the De-notified Tribes (Vimukta

Jatis) or Nomadic Tribes as aforesaid; and]

1

2

Sub-clause  (i)  was  substituted  by  Mah.  13  of  2018,  s.  3  (3)(a)(i).

Sub-clause  (ii)  was  substituted  by  Mah.  13  of  2018,  s.  3  (3)(a)(ii).

25

1964 : Mah. XX]

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

(iii)

two representatives elected by the traders and commission agents,

holding licences to operate as such in the market area;

(iv) one representative, elected by the hamals and weighmen operating

as such in the market area;

1   

2   

3   

(vii)
representative.

the  Director  of  Marketing,  Maharashtra  State,  Pune  or  his

4[(d) A  person  who  is  a  member  of  the  Market  Committee  under
sub-clause (vii) of clause (c), shall have a right to take part in the discussions
of the Committee, but shall not have right to vote at a meeting thereof.]

5[(1C)

(a) The  State  Government  may,  by  an  order  in  the  Official

Gazette, appoint,––

(i)

four special invitees, on every Market Committee whose income from
fees levied and collected under sub-section (1) of section 31 in the immediate
preceding market year exceeds rupees five crores; and

(ii)

two special invitees, on every Market Committee whose income
from  fees  levied  and  collected  under  sub-section  (1)  of  section  31  in  the
immediate preceding market year is upto rupees five crores,

who shall be the experts in the field of agriculture, agricultural processing,

agricultural marketing, law, economics or commerce.

1

2

3

4

5

Sub-clause  (v)  was  deleted  by  Mah.  13  of  2018,  s.  3  (3)(a)(iii).

Sub-clause  (vi)  was  deleted  by  Mah.  13  of  2018,  s.  3  (3)(a)(iv).

Sub-clause  (vi-a)  was  deleted  by  Mah.  13  of  2018,  s.  3  (3)(a)(v).

Clause  (d)  was  substituted  by  Mah.  13  of  2018,  s.  3  (3)(b).

Sub-section  (1C)  was  inserted  by  Mah.  35  of  2016,  s.  2.

26

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

[1964 : Mah. XX

(b) The special invitees appointed under clause (a) shall have a right to

take part in the discussions of the Market Committee, but shall have no right

to vote at a meeting thereof.

(c) The term of the special invitees shall be co-terminus with the term of the

members of a Market Committee.]

(2) When Market Committee is constituted for first time, 1[whether under
sub-section (1),  2[(1A) or (1B)] all the members thereof  and the Chairman and
Vice-Chairman shall be nominated by the State Government :

3[Provided that, the Chairman and Vice-Chairman shall be so nominated from

amongst the agriculturist members:]

4[Provided further that, the State Government may, if it considers expedient,
instead of nominating the members of the Market Committee constituted for the first

time, appoint an Administrator or the board of Administrators, and the Administrator

or the Board of Administrators, so appointed, shall, for all purposes, be considered

to be the Committee constituted for the first time.]

Election
and term
of office
of members.

14.

(1) Subject to the provisions of sub-section (2), the members shall be

elected  in  the  manner prescribed  by  rules.  Such  rules  may provide  also  for  the

determination of constituencies, the preparation and maintenance of the list of voters,

persons qualified to be elected, disqualifications for being chosen as and for being a

member,  the  right  to  vote,  the  payment  of  deposit  and  for  its  forfeiture,  the

determination  of  election  disputes  and  all  matters  ancillary  thereto  including

provision regarding election expenses.

5    

1

2

3

4

5

These  words  were  inserted  by  Mah.  58  of  1976,  s.  2  (2).

These  brackets,  figures,  letters  and  words  were  substituted  by  Mah.  48  of  2005,  s.  9  (2).

This  proviso  was  added  by  Mah.  27  of  1987,  s.  8 (a).

This  proviso  was  added  by  Mah.  10  of  2008,  s.  2 (b).

Sub-section  (2)  was  deleted  by  Mah.  13  of  2018,  s.  4  (1).

27

1964 : Mah. XX]

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

(3) Except  as  otherwise  provided  in  this Act,  the  members  of  a  Market
Committee (not being a Committee constituted for the first time) shall hold office for
a period of 1[five years], and the members of a Committee constituted for the first
time shall hold office for a period of two years :

2[Provided that, the Market Committee constituted for the first time, may be
replaced by the Government and the new Committee so replaced shall hold office
for the remainder of the period.]

3[  4[Provided  further  that],  where  the  general  election  of  members  of  a
Committee could not be held for reason beyond the control of the Committee before
expiry of the term of office of its members as aforesaid, the State Government may,
by order in the Official Gazette, extend from time to time, the term of office of any
such Committee, so however, that the period for which the term of office is so
extended shall not exceed the period of one year in the aggregate.]

5 











6[(3A) Where due to scarcity, draught, flood, fire or any other natural calamity
or rainy season or any election programme of the State Legislature or the Parliament
or  a  local  authority,  coinciding  with  the  election  programme  of  any  Market
Committee or such other special reason, in the opinion of the State Government, it
is not in the public interest to hold election to any Market Committee, the State
Government may, notwithstanding anything contained in this Act or in any rules or
bye-law made thereunder, or any other law for the time being in force, for reasons,
to  be  recorded  in  writing  by  general  or  special  order,  postpone  the  election  of
any Market Committee for a period not exceeding six months at a time which period
may further be extended, so, however, that the total period shall not exceed one year
in the aggregate.]

7[(4)

(a) As soon as possible, after the result of any by-election or, subject
to the provision of sub-clause (b), all the result of the general election are available,
8[the  State  Co-operative  Election  Authority]  shall  publish  or  caused  to  be
published the name or names of elected member or members of a Committee in
the Official Gazette and also in a newspaper in the Marathi language circulating
in the market area. The publication of the name or names in a newspaper as
aforesaid shall, for the purposes of this section be deemed to be sufficient publication
of the name or names of the elected member or members of the Market Committee.

1

2

3

4

5

6

7

8

These  words  were  substituted  for  the  words  “three  years”  by  Mah.  31  of  1977,  s.  2.

This  Proviso  was  inserted  by  Mah.  11  of  2003,  s.  7  (a)  (i).

This  Proviso  was  added  by  Mah.  27  of  1987,  s.  9  (a).

These  words  were  substituted  for  the  words  “Provided  that”  by  Mah.  11  of  2003,  s.  7  (a)  (ii).

The  proviso  to  sub-section  (3)  was  deleted  by  Mah.  10  of  1984,  s.  3.

Sub-section  (3A)  was  inserted  by  Mah.  11  of  2003,  s.  7  (b).

Sub-section  (4)  was  substituted  by  Mah.  27  of  1987,  s.  9  (b).

These  words  were  substituted  for  the  words  “the  Collector  or,  as  the  case  be,  the  District  Deputy  Registrar,

who  has  conducted  the  election”  by  Mah.  13  of  2018,  s.  4  (2).

28

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

[1964 : Mah. XX

(b)

If at a general election the names of any persons to be elected under
sub-section  (1)  or  (1A)  of  section  13  cannot  for  any  reason  be  published  as
aforesaid, and if with the available election result, the Committee will consist of not
less than twelve members then the 1[the State Co-operative Election Authority]
shall publish the names of these members in the Official Gazette, and also in a
newspaper as aforesaid.

(c) As  regards  the  remaining  elections,  the  Collector  2[the  State  Co-
operative Election Authority] shall subsequently publish the names of members in
the like manner as and when the result of such election are available, or as the case
may  be,  on  failure  to  elect  the  names  of  persons  duly  appointed  under  sub-
section (2), if any.

(d) After every general election, upon the publication of the names of all the
members  of  the  Committee  under  clause  (a),  or  as  the  case  may  be,  the
publication of such names as would render the Committee to consist of not less
than twelve members as aforesaid, in a newspaper under this sub-section the
Market Committee shall be deemed to be duly constituted.]

Election
Fund.

3[14A. 4(1)  5[(a) The Superintendence, direction and control of the prepa-
ration of the list of voters for, and conduct of all elections to Market Committees,
shall vest in the State Co-operative Election Authority, and]

(b)

6[  ]

For the purpose of preparing the list of voters and conduct of elections every
Market Committee shall consitute an Election Fund consisting of an amount equal to
7[ten per cent.] of all moneys received by it by way of fees under this Act during any
year or 8[rupees one lakh] per annum, whichever is less.]

(2) The Election Fund shall be invested in such manner as the Director may
direct, regard being had to the elections to be held during the year, and the necessity
to have the monies available from the Fund for the preparation of the list of voters
or for the conduct of such election or for both.

1

2

3

4

These  words  were  substituted  for  the  words  “the  Collector  or,  as  the  case  may  be,  the  District  Deputy
Registrar,  who  has  conducted  the  elections”  by  Mah.  13  of  2018,  s.  4  (2)(b).

These  words  were  substituted  for  the  words  “the  Collector  or,  as  the  case  may  be,  the  District  Deputy
Registrar,  who  has  conducted  the  elections”  by  Mah.  13  of  2018,  s.  4  (2)(c).

Section  14A  was  inserted  by  Mah.  2  of  1972,  s.  2.

Sub-section  (1)  was  substituted  by  Mah.  7  of  2007,    s.  5  (i).

5 Clause  (a)  was  substituted  by  Mah.  13  of  2018,  s.  5  (1)(a).

6

7

8

The  portion  begining  with  the  words  “The  Superintendence,  direction  and  control”  and  ending  with
the  words  “shall  vest  in  the  collector”  was  deleted  by  Mah.  13  of  2018,  s.  5  (1)(b)(i).

These  words  were  substituted  for  the  words  “five  per  cent.”  by  Mah.  13  of  2018,  s.  5  (1)(b)(ii).

These  words  were  substituted  for  the  words  “rupees  ten  thousand”  by  Mah.  13  of  2018,  s.  5  (1)(b)(ii).

29

1964 : Mah. XX]

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

(3) Every Market Committee shall inform 1[the State Co-operative Election
Authority] of the amount standing to the credit of the Election Fund every year not
later than the 31st day of October and also at any other times when required by
1[the State Co-operative Election Authority] so to do.

(4) Whenever the list of voters is to be prepared or revised or any elections
to  the  Market  Committee  are  to  be  held,    2[the  State  Co-operative  Election
Authority] shall in writing inform the Market Committee of the same, and require the
Market Committee to deposit with him such amount and before such date as may
be specified in writing for meeting expenses for preparing or revising the list or as the
case may be, for conducting the elections or of both.

(5)

 3[The State Co-operative Election Authority] shall after the preparation
or revision of list of voters, or after the declaration of the result of the elections,
draw up statement of expenditure incurred in preparing or revising such list, or in
conducting  the  electors  and  shall  within  a  period  of  three  months  from  such
preparation or revision of result, forward the same to the Market Committee for
information. The balance remaining unspent, if any, shall be refunded to the Market
Committee.  If  the  expenditure  incurred  exceeds  the  amount  of  deposit
4[the State Co-operative Election Authority shall call upon the Market Committee to
pay the excess amount as specified by him within one month from the date of receipt
of the direction from him, and the Market Committee shall comply with such direction.]

5[  ]

15.

(1) The term of office of members of a Market Committee shall be
deemed to commence on the date of the first meeting of the Market Committee at
which business is transacted :

 6[Provided that, a person who is a member by virtue of his being a represen-
tative, or holding office, or holding licence belonging to any of the categories of
members referred to in sub-section (1) or (1A) of section 13, shall hold office as such
member so long only as he continues to be representatives or to hold such office or
such licence and on his ceasing to be such representative or holding such office or
licence he shall cease to be such member and he shall be deemed to have vacated
his office.

Explanation.––For the purposes of this section, the date of the first meeting of
the  Market  Committee  at  which  business  is  transacted  shall  be  the  date  of  the
meeting called    7
 under sub-section (2) of section 22

for the election of the Chairman and Vice-Chairman.]



(2)

8









1 These  words  were substituted for the words “the Collector  or,  as  the  case  may  be,  the  District  Deputy

Registrar” by Mah. 13 of 2018, s. 5 (2).

2 These  words  were substituted for the words “the Collector  or,  as  the  case  may  be,  the  District  Deputy

Registrar” by Mah. 13 of 2018, s. 5 (3).

3 These  words  were substituted for the words “the Collector  or,  as  the  case  may  be,  the  District  Deputy

Registrar” by Mah. 13 of 2018, s. 5 (4)(a).

4 These  words  were substituted for the words “the Collector” by Mah. 13 of 2018, s. 5 (4)(b).

5 Sub-section  (6)  was  deleted  by  Mah.  13  of  2018,  s.  5  (5).

6 This  proviso  and  Explanation  were  substituted  for  the  proviso  by  Mah.  27  of  1987,  s. 10 (a).
7

The  words  “by  the  Collector  or  the  authorised  officer”  were  deleted  by  Mah.  7  of  2007,  s. 6.

8 Sub-section  (2)  was  deleted  by  Mah.  27  of  1987,  s.  10  (b).

Commence-
ment of
term of
office of
members.

Provision
for
appoint-
ment of
administra-
tor after
normal or
extended
term of
office of
members
expires.

30

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

[1964 : Mah. XX

(3) The term of office of outgoing members shall be deemed to extend to, and

expire with, the date immediately preceding the date of such first meeting.

1[15A.

(1) Notwithstanding anything contained in sub-section (3) of section
15 or any other provisions of this Act, where the term of office of two years, five
years or as the case may be, the extended term of office, if any, under the proviso
 of  the  member  of  any  Market
to  sub-section  (3)  of  section  14  2
Committee has expired, the Director or any officer not below the rank of the District
Deputy Registrar of Co-operative Societies, authorised by him shall, by order in
writing direct that––

(a)

all members of the Committee shall, as from the date specified in the

order, cease to hold and vacate their offices as members or otherwise; and

(b)

3[the Administrator or the Board of Administrators appointed by the
Director or such authorised officer shall manage the affairs of the Committee],
during the period from the date specified in the order upto the day on which the
first meeting of the reconstituted Committee after the election is held, where there
is a quorum (hereinafter in this section referred as “the said period”) such election
shall be held within a period of 4[six months] from the date 5[the Administrator
or the Board of Administrators] assumes office :

6[Provided that this period of 7[six months] may be extended, from time to time
by the State Government, in exceptional circumstances, to a period not exceeding
8[One year] in the aggregate, by notification in the Official Gazette, for reasons,
which shall be stated in the notification.]

9[(1A) Notwithstanding anything contained in clause (b) of sub-section (1), as
it  stood  before  the  commencement  of  the  Maharashtra  Agricultural  Produce
Marketing  (Regulation)  (Amendment  and  Validation)  Act,  1985,  where  the
Administrator  has  been  appointed  to  manage  the  affairs  of  any  Committee  but
election to such Committee has not been held within a period of one year as required
under clause (b) of sub-section (1), the period of holding election to such Committee
shall be  extended and  shall be  deemed always  to have  been extended  upto and
inclusive of, the 31st day of March 1986.]

1

2

3

4

5

6

7

8

9

Section  15A  was  inserted  by  Mah.  10  of  1984,  s.  4.

The  words,  brackets  and  figures  “as  in  force  immediately  before  the  commencement  of  the  Maharashtra

Agricultural  Produce  Marketing  (Regulation)  (Amendment)  Act,  1984”  were  deleted  by  Mah.  27  of  1987,

s.  11  (a).

These  words  were  substituted  for  the  words  “the  person  appointed  by  the  Director  or  such  authorised

officer,  from  time  to  time,  shall  be  the  Administrator  to  manage  the  affairs  of  the  Committee”  by

Mah.  10  of  2008,  s.  3  (a)  (i).

These  words  were  substituted  for  the  words  “one  year”  by  Mah.  27  of  1987,  s.  11  (b).

These  words  were  substituted  for  the  words  “the  Administrator”  by  Mah.  10  of  2008,  s. 3  (a) (ii).

This  proviso  was  added  by  Mah.  25  of  1985,  s.  2  (a).

These  words  were  substituted  for  the  words  “one  year”  by  Mah.  27  of  1987,  s.  11  (c)  (i).

These  words  were  substituted  for  the  words  “two  and  half  years”,  by  Mah.  27  of  1987,  s.  11  (c)  (ii).

This  sub-section  was  inserted  by  Mah.  25  of  1985,  s.  2  (b).

Mah.
XXV of
1985.

31

1964 : Mah. XX]

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

(2) During the said period, all the powers and duties of the Committee and
its various authorities under this Act and the rules and bye-laws made thereunder
or any other law for the time being in force shall be exercised and performed by
1[the Administrator or the Board of Administrators].

(3) The 2[Administrator or the Board of Administrators] may delegate any of
his powers and duties to any officer for the time being serving under him or under
the Committee.

(4) The 3[Administrator or the members of the Board of Administrators] shall
receive such remuneration from the Market Fund as the Director or authorised officer
may, from time to time, by general or special order, determine.]

Resignation,  Removal and  Casual  Vacancies of  Members

16.

(1) Any member of the Market Committee may resign his office by
writing under his hand addressed to the Chairman, and the Chairman may resign his
office of member by writing under his hand addressed to the Director. The resignation
shall take effect from the date it is accepted by the Chairman, or as the case may
be, the Director.

(2)

If  at  any  time  it  appears  to  the  State  Government  that  any  Market
Committee by reason of the resignation of all or a majority of the members thereof,
is  unable  to  discharge  the  functions  conferred  or  imposed  upon  it  by  or  under
this Act, the State Government may by order published in the Official Gazette,
nominate persons to fill the vacancies of the members who have resigned; but the
persons  so  nominated  shall  hold  office  only  for  the  residue  of  the  term  of  the
members in whose place they are nominated or until the vacancies are duly filled in
by election whichever is earlier.

Resignation
of members
and
nomination
in certain
circum-
stances.

17. The  State  Government  may  on  the  recommendation  of  the  Market
Committee  supported  by  not  less  than  4[ten  members]  present  and  voting  at  a
meeting remove any member if he has been guilty of neglect or misconduct in the
discharge of his duties or of any disgraceful conduct, or has become incapable of
performing his duties as a member or is adjudged an insolvent :

Removal of
members
for miscon-
duct.

Provided that, no such member shall be removed from office unless he has been

given reasonable opportunity of being heard by the State Government.

5[18.

In the event of a vacancy occuring on account of death, resignation or
removal of a member, or on account of a member becoming incapable of acting as
a member, or otherwise, the Market Committee shall fill up the vacancy by co-opting
a person eligible for being elected as a member :

Casual
Vacancies.

Provided that, the number of such co-opted members shall not exceed two at
any time in Market Committee and any vacancy thereafter shall be filled by the
election :

1

2

3

4

5

These  words  were  substituted  for  the  words  “the  Administrator”  by  Mah.  10  of  2008,  s. 3 (b).

These  words  were  substituted  for  the  words  “Administrator”,  by  Mah.  10  of  2008,  s.  3  (c).

These  words  were  substituted  for  the  word  “Administrator”  by  Mah.  10  of  2008,  s.  3  (d).

These  words  were  substituted  for  the  words  “eight  members”  by  Mah.  32  of  1970,  s.  7.

Section  18  was  substituted  by  Mah.  11  of  2003,  s.  9.

32

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

[1964 : Mah. XX

Provided further that, if the vacancy occurs within six months preceding the date
on which the term of office of the member expires, the vacancy shall, unless the State
Government directs otherwise, not be filled.]

Chairman  and  Vice-Chairman

Election
of
Chairman
and Vice-
Chairman.

19.

1[(1)] Subject to the provisions of sub-section (2) of section 13, every
Market Committee shall be presided over by a Chairman, who shall be elected by
the Committee from among its 2[elected Agriculturist members]. The Committee shall
also elect one of its 2[elected Agriculturist members] to be the Vice-Chairman.

3[(2)] Notwithstanding anything contained in sub-section (1), the Chairman or,
as  the  case  may  be,  Vice-Chairman  holding  office  as  such  on  the  date  of
commencement of the Maharashtra Agricultural Produce Marketing (Regulation)
(Amendment)  Act,  1987  shall  continue  to  hold  office  as  such  Chairman  or
Vice-Chairman irrespective of the category of member to which he belongs until
expiry of his term of office unless he resigns, or is disqualified or removed earlier.

Mah.
XXVII of
1987.

(3) Notwithstanding  anything  contained  in  sub-section  (2),  a  member,
Chairman  or Vice-Chairman  shall  not  continue  to  hold  office  as  such  member,
Chairman  or  Vice-Chairman  of  more  than  one  Agricultural  Produce  Market
Committee  on  the  date  of  commencement  of  the  Maharashtra  Agricultural
Produce Marketing (Regulation) (Amendment) Act, 1987.

Mah.
XXVII of
1987.

20. The Chairman and Vice-Chairman shall hold office for such period as may

be prescribed.

21. The Chairman and Vice-Chairman shall notwithstanding the expiration of
their term of office, continue to hold office, until their successors enter upon their
office 4[or 5[the Administrator or the Board of Administrators] appointed under
section 15A assumes office.]

1 Section  19  was  renumbered  as  sub-section  (1)  of  that  section  by  Mah.  27  of  1987,  s.  12.

2 These  words  were  substituted  for  the  words  “elected  members”  by  Mah.  27  of  1987,  s.  12 (a).
3 Sub-sections  (2)  and  (3)  were  added  by  Mah.  27  of  1987,  s.  12  (b).
4 These  words  were  added  by  Mah.  10  of  1984,  s.  5.
5 These  words  were  substituted  for  the  words  “the  Administrator”,  by  Mah.  10  of  2008,  s.  4.

Term of
office of
Chairman
and Vice-
Chairman.

Chairman
and
Vice-
Chairman
to hold
office until
their
suceesors
enter upon
office.

33

1964 : Mah. XX]

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

1[21A. There shall be paid to the Chairman and Vice-Chairman an honorarium
of such amount as the Director may having regard to the finances of the Market
Committee specify; so however that the total amount of honorarium to be paid to
both 2[does not exceed the limit as may be prescribed.]

Honorarium
to Chairman
and Vice-
Chairman.

22.

3[(1) On  the  constitution  of  the Market  Committee  after  a  general
election or otherwise 4[the Collector or, as the case may be, the District Deputy
Registrar, or the officer not below the rank of Deputy Collector or Assistant Registrar
of Co-operative Societies as the Collector or District Deputy Registrar may authorise
in this behalf] (hereinafter in this section referred to as “the authorised officer”)
shall, within 30 days from the publication of the result of the general election under
clause (a) or as the case may be, under clause (b) of sub-section (4) of section 14,
call a meeting for the election of the Chairman and the Vice-Chairman.]

Procedure
for election
of Chairman
and Vice-
Chairman.

(2) Such meeting shall be presided over by the 5[ 6[Collector, the District
Deputy Registrar] or the authorised officer. The  6[Collector, the District Deputy
Registrar] or such authorised officer] shall, when presiding over the meeting, have the
same  powers  as  the  Chairman  when  presiding  over  a  meeting  of  the  Market
Committee has, but shall not have the right to vote.

(3)

If, in the election of a Chairman or Vice-Chairman, there is an equality of
votes, the result of the election shall be decided by lots to be drawn in the presence
of the officer presiding in such manner as he may determine.

7[(4)

In the event of a dispute arising as to the validity of the election of a
Chairman  or  Vice-Chairman,  the  Collector,  or  as  the  case  may  be,  the  District
Deputy Registrar, if he is the presiding officer, shall decide the dispute himself, and
in any other case, the officer presiding shall refer the dispute to the Collector or as
the case may be, the District Registrar for decision. The decision of the Collector,
subject to an appeal to the Commissioner appointed under section 6 of the Maharashtra
Land Revenue Code, 1966 and the decision of the District Deputy Registrar, subject
to an appeal to the Divisional Joint Registrar of Co-operative Societies shall be final;
and no suit or other legal proceedings shall lie in any court in respect of any such
decision.]

Mah.
 XLI
of
1966.

1

2

3

4

5

6

7

Section  21A  was  inserted  by  Mah.  2  of  1972,  s.  3.

These  words  were  substituted  for  the  words  “does  not  exceed  Rs.  3,600  per  annum”  by  Mah.  10  of

1984,  s.  6.

Sub-section  (1)  was  substituted  by  Mah.  27  of  1987,  s.  13  (a).

This  portion  was  substituted  for  the  words  “the  Collector  or,  the  officer  not  lower  in  rank  than  that of

Deputy Collector or, as  the Collector  may authorise  in  this  behalf” by  Mah. 7 of  2007, s. 7(a).

These  words  were  substituted  for  the  words  “Director  or  any  person  authorised  by  him  in  this  behalf.

The  Director  or  such  person”  by  Mah.  27  of  1987,  s.  13  (b).

These  words  were  substituted  for  the  words  “Collector”  by  Mah.  7  of  2007,  s.  7  (b).

Sub-section  (4)  was  substituted  by  Mah.  7  of  2007,  s.  7  (c).

34

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

[1964 : Mah. XX

Resignation
of Chairman
and Vice-
Chairman.

23.

(1) The  Chairman  may  resign  his  office  by  writingu  nder  his  hand
addressed to the Director; and the resignation shall take effect from the date it
is accepted.

(2) The  Vice-Chairman  may  resign  his  office  by  writing  under his  hand
addressed to the Chairman; and the resignation shall take effect from the date it
is accepted.

1[23A.

(1) A Chairman or a Vice-Chairman shall cease forthwith to be
Chairman or Vice-Chairman, as the case may be, if the Market Committee by a
resolution passed by a majority of not less than two-third of the total number of
members (excluding the members who have no right to vote) at a special meeting so
decides.

(2) The requisition for such special meeting shall be signed by not less than
one-half of the total number of members (excluding the members who have no right
to vote) and shall be sent to the Collector under intimation to the Director.

(3) The Collector shall, within fifteen days from the date of receipt of the

requisition under sub-section (2), convene a special meeting of the Committee :

Provided  that,  when  the  Collector  convenes  such  special  meeting  of  the
Committee, he shall give intimation thereof to the Chairman, or as the case may
be, Vice-Chairman and also to the Director.

(4)

(a) A special meeting to consider a resolution under sub-section (1) shall
be presided over by the Collector or the officer authorised by him in this behalf,
but the Collector or such officer or the Director (if present) shall have no right
to vote at such meeting.

(b) The members of the Committee who have no right to vote may take

part in the discussions, but shall not vote].

2[(5)

If  the motion  of  no confidence  is  not  carried as  aforesaid  or if  the
meeting could not be held for want of quorum, no such requisition for considering a
fresh such motion expressing want of confidence in the same Chairman or Vice-
Chairman shall be made until after the expiry of six months from the date of such
meeting.]

3[24. Subject to rules made by the State Government in this behalf a Chair-
man, Vice-Chairman or a member of the Market Committee who absents himself
from three consecutive meetings of the Market Committee without leave of the
Market Committee shall cease to be the Chairman, Vice-Chairman or member of the
Market Committee.]

Motion of
no-
confidence
against
Chairman or
Vice-
Chairman.

Conse-
quences  of
absence
of Chair-
man, Vice-
Chairman
or member
without
leave.

1 Section  23A  was  inserted  by  Mah.  10  of  1984,  s.  7.
2 Sub-section  (5)  was  added  by  Mah.  27  of  1987,  s.  14.
3 Section  24  was  substituted  by  Mah.  11  of  2003,  s.  10.

35

1964 : Mah. XX]

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

(1)

25.

In the event of a vacancy in the office of the Chairman or Vice-
Chairman by reason of death, resignation, removal or otherwise, the vacancy shall
subject to the provisions of section 19, be filled as soon as possible by election if
elected, or by nomination if nominated of a Chairman or Vice-Chairman.

(2) Every  Chairman  or  Vice-Chairman  elected  or  nominated  under  this
section to fill a casual vacancy shall hold office so long only as the Chairman or
Vice-Chairman in whose place he is elected or as the case may be, nominated would
have held it if the vacancy had not occured.

26.

(1) On the election or nomination of a new Chairman or Vice-Chairman,
the outgoing Chairman or Vice-Chairman in  whose place the new Chairman or
Vice-Chairman has been elected or nominated shall forthwith hand over charge of
his office to such new Chairman or Vice-Chairman, as the case may be.

(2)

If the outgoing Chairman or Vice-Chairman fails or refuses to hand over
charge of his office as required under sub-section (1), the Director or any officer
empowered  by  the  Director  in  this  behalf  may,  by  order  in  writing,  direct  the
Chairman or the Vice-Chairman, as the case may be, to forthwith hand over charge of
his office and all papers and property of the Market Committee, if any, in his possession
as such Chairman or Vice-Chairman to the new Chairman or Vice-Chairman.

(3)

If the outgoing Chairman or Vice-Chairman to whom a direction has been
issued under sub-section (2) does not comply with such direction, the Director or any
person authorized by him in that behalf may apply to the Executive Magistrate within
whose jurisdiction the Committee is functioning for seizing and taking possession of
papers, funds and property of the Committee in the possession of such Chairman or
Vice-Chairman.

(4) On receipt of an application under sub-section (3), the magistrate may
authorize  any  police  officer,  not  below  the  rank  of  a  Sub-Inspector,  to  enter
and  search  any  place  where  the  records  and  property  are  kept  or  likely  to  be
kept and to  seize them and hand  over possession thereof to  the new Chairman
or Vice-Chairman, as the case may be.

27. The meetings, quorum and procedure of the Market Committee shall be

regulated in accordance with bye-laws made for the purpose.

1[27A.

(1) Notwithstanding anything contained in section 27, every Market
Committee other than the Bombay Agricultural Produce Market Committee shall,
within a period of six months next after the close of every financial year call an annual
general meeting of its members and invitees specified below,––

(a)

the  Chairman  of  all  the  Primary Agricultural  Credit  Societies  and
the Sarpanchas of all the Village Panchayats, or their representatives, in the
market area;

1 Section  27A  was  inserted  by  Mah.  11  of  2003,  s.  11.

Vacancies
in office of
Chairman
and Vice-
Chairman to
be
filled up.

Refusal to
handover
charges to
new
Chairman or
Vice-
Chairman.

Meeting,
etc. of
Market
Committee.

Annual
General
meeting of
Market
Committee.

36

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

[1964 : Mah. XX

(b)

five office bearers to be nominated by each of the registered association

of the licenced commission agents and traders, in the market area. In the absence

of registered association, five representatives of the licenced commission agents

and traders to be nominated by the Chairman of the Market Committee;

(c)

five office bearers to be nominated by each of the registered association

of hamals and weighmen, in the market area.

(2) The Secretary of the Market Committee shall convene the annual general

meeting. The notice of the annual general meeting specifying the date, time and place

of  the  meeting  and  the  agenda  shall  be  sent  to  all  the  members  of  the  Market

Committee and the invitees specified in sub-section (1) not less than fifteen days

prior to the date of the meeting.

(3) The Chairman of the Market Committee, shall preside over the meeting

of the Committee and in the absence of both, the person elected by the members

present at the meeting shall preside over the meeting.

(4) At every annual general meeting, the balance sheet, income and expendi-

ture accounts, audit memorandum audited by the statutory auditor and the Market

Committee’s annual report shall be placed for discussion and such other business as

may be prescribed on the working of the Market Committee may also be transacted.

(5)

If, in the annual general meeting any invitee has made any suggestion or

raised  any  objection,  the  Market  Committee  shall  send  its  explanation  on  such

suggestion or objection to the invitee, within three months from the date of such

annual general meeting.]

Members to
act during
vacancy;
acts  of
Committee,
etc., not to
be
invalidated
by
informalities.

28.

(1) During any vacancy in a Market Committee the continuing members

may act as if no vacancy had occurred.

(2) A Market Committee shall have power to act, notwithstanding any va-

cancy in the membership or any defect in the constitution thereof; and such proceed-

ings of the Committee shall be valid notwithstanding that it is discovered subsequently

that some person who was not entitled to do so sat or voted or otherwise took part

in the proceedings.

37

1964 : Mah. XX]

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

CHAPTER IV

THE  MARKET  COMMITTEES  :  POWERS  AND  DUTIES

(1)

29.

It  shall  be  the  duty  of  a  Market  Committee  to  implement  the
provisions of this Act, the rules and bye-laws made thereunder in the market area;
to provide such facilities for marketing of agricultural produce therein as the Director
1[the State Marketing Board or the State Government, as the case may be,] may,
from time to time, direct; do such other acts as may be required in relation to the
superitendence, direction and control of markets or for regulating marketing of ag-
ricultural produce in any place in the market area, and for purposes connected with
the matters aforesaid, and for that purpose may exercise such powers and perform
such duties and discharge such functions as may be provided by or under this Act.

Powers and
duties of
Market
Committee.

2[(2) Without prejudice to the generality of the foregoing provisions, a Market

Committee may––

(i)

regulate the entry of persons and of vehicular traffic into the market;

(ii)
business;

supervise the behaviour of those who enter the market for transacting

(iii)

grant, renew, refuse, suspend or cancel licence;

(iv) maintain and manage the market including admissions of agricultural

produce within the market in the market area;

(v) provide for necessary facilities for the marketing of agricultural produce

within the market in the market area;

(vi)

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 Market Committee;

(vii)

regulate the making, carrying out and enforcement or cancellation of
sales, weighment, delivery, payment to be made in respect thereof and all other
matters relating to the marketing of notified agricultural produce in the prescribed
manner ;

(viii)

take all possible steps to prevent adulteration and to promote and

organise granding and standardization of the agricultural produce;

(ix)

take measures for the prevention of purchases and sales below the

minimum support prices as fixed by the Government from time to time;

1 These  words  were  inserted  by  Mah.  27  of  1987,  s.  15  (a).
2 Sub-section  (2)  was  substituted  by  Mah.  27  of  1987,  s.  15  (b).

38

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

[1964 : Mah. XX

(x)

collect,  maintain, disseminate  and supply  information  in respect  of
production, sale, storage, processing, prices and movement of notified agricultural
produce including information relating to crops, statistics and marketing intelligence
as may be required by the Director;

(xi)

arrange to obtain fitness (health) certificate from Veterinary Doctor in
respect of animals, cattle, birds, etc., which are brought or sold in the market area;

(xii) carry out publicity about the benefits of regulation, system of transactions,
facilities provided in the market area, through such media as, in the opinion of the
Market Committee, may be effective or necessary;

(xiii)

provide for settling dispute arising out of any kind of transactions
connected with the marketing of agricultural produce and all matters ancillary
thereto;

(xiv)

subject to the provisions of section 12, acquire, hold or dispose of
any moveable or immoveable property for the purpose of efficiently carrying out
its duties;

(xv)

institute or defend any suit, prosecution, action, proceeding, applica-
tion or arbitration and compromise such suit, action, proceeding, application or
arbitration;

(xvi) make arrangement for holding of elections of the Market Committee

in the prescribed manner;

(xvii)

levy, take, recover and receive charges, fees, rates and other sums

or money to which the Market Committee is entitled;

(xviii)

subject to approval of the Director, obtain loans, subsidies, subventions
from the State and Central Government or any financing agency, for providing
warehousing and marketing facilities in the market;

(xix)

subject  to  the  approval  of  the  State  Marketing  Board,  prepare
budgets,  supplementary  budgets,  make  reappropriations  in  the  budget  and
incur expenditure accordingly;

(xx)

keep a set of standard weights and measures in the market against

which weighment and measurement may be checked;

(xxi)

inspect and verify scales, weights and measures in use in a market
area and also  the books of accounts  and other documents maintained  by the
licences in such manner as may be prescribed;

(xxii)

employ the necessary number of officers and servants for the efficient
implementation  of  the  provisions  of  this  Act,  rules  and  bye-laws  of  the
Market Committee;

39

1964 : Mah. XX]

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

(xxiii)

pay,  salaries  and  other  emoluments,  pension,  leave  allowance,
gratuities,  compassionate  allowance,  contribution  towards  leave  allowance,
pension  or  provident  fund  of  the  officers  and  servants  employed  by  the
Market Committee in the manner prescribed;

(xxiv)

administer Market Fund referred to in section 36 of this Act and
maintain the account thereof and get the same audited in the prescribed manner;

(xxv)

prosecute persons for violating the provisions of this Act, the rules

and the bye-laws and compound offences as provided under section 52A;

(xxvi)

provide storage and warehousing facilities in the market area;

(xxviii) with prior sanction of the State Government or the State Marketing
Board or the Director undertake any other activity conducive to the promotion of
regulation of agricultural marketing;

(xxviii)

arrange for the collection of––

(a)

such agricultural produce in the market area in which all trade therein
is to be carried on exclusively by the State Government by or under any law
in force for that purpose, or

(b)

such other  agricultural produce  in the market  area, as  the State
Government may, from time to time, notify in the Official Gazette (hereinafter
referred to as the “notified produce”).]

30. A Market Committee may appoint one or more sub-committee consisting
of one or more of its members (including any persons co-opted by the Committee
with the approval of the Director or of any officer authorised by the Director in this
behalf) and may delegate to such sub-committee such of its powers or duties as it
may think fit. 1[The sub-committee so appointed shall function under the superinten-
dence, guidance, direction and control of the Market Committee.]

Appoint-
ment of
sub-
committees;
delegation
of power.

2[30A.

(1) A Market Committee duly authorised by the State Government
for the purpose may by an order in writing, open collection centres for collecting
thereat the notified produce specified in such order. The Market Committee shall
publish such order for the information of the public in such manner as it deems fit.

(2) Where any person wishes to sell any notified produce in a market area,
he shall tender all such produce only at the Collection centre established for the
purpose under sub-section (1) :

Power of
the Market
Committee
to  open
collection
centre for
marketing
of notified
produce;
provisions
for receipt
and
payment
by pur-
chaser.

1 This  portion  was  added  by  Mah.  27  of  1987,  s.  16.
2 Section  30A  was  inserted  by  Mah.  2  of  1972,  s.  5.

40

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

[1964 : Mah. XX

Provided that, agricultural produce notified under sub-clause (ii) of clause (gl)

of sub-section (2) of section 29 may be tendered through a commission agent.

(3) The Market Committee shall, on the sale of such produce, get it weighed,
measured, or as the case may be, counted forthwith, and arrange for issuing a receipt
therefor to the person who has tendered the produce at the collection centre for sale
or, as the case may be, through the commission agent or any agency fixed by the
State Government where tender through an agent is allowed, and shall also arrange
to give a copy of the receipt to the purchaser, the co-operative society, if any, and
where a receipt is given through such agent or agency, if any, also to the Market
Committee.

(4) Such receipt shall contain the following particulars, that is to say––

(i)

the name of the collection centre,

(ii)

the name of the tenderer,

(iii)

the name of the purchaser,

(iv)

the name of the commission agent, if any,

(v)

the name, and quantity of notified produce, the weight, measure or

number thereof and charges therefor,

(vi)

grade of the notified produce, if any, and the rate,

(vii)
purchaser,

the  amount  of  dues  of  the  Market  Committee  to  be  paid  by  the

(viii)

the amount of dues to be paid by the tenderer, to the commission
agent by way of his commission, if any, and such other market charges, as are
duly authorised by the Market Committee,

(ix)

the  amount  of  dues  to  be  paid  by  the  tenderer  to  a  co-operative
society, under section 48A of the Maharashtra Co-operative Societies Act, 1960,

(x)

the amount of advance price received by the tenderer, if any, in respect
of agricultural produce notified under sub-clause (i) of clause (gl) of sub-section
(2) of section 29,

Mah.
XXIV
of
1961.

(xi)

the amount to be actually paid to the tenderer after deducting the

amounts, if any, falling under entries (vii), (viii), (ix) and (x), and

(xii)

the total amount to be paid by the purchaser in respect of the notified

produce purchased by him.

(5) The dues to a Market Committee shall consist of fees to be levied and

collected from a purchaser by or under this Act.

41

1964 : Mah. XX]

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

(6) The purchaser shall, on receiving a copy of the receipt, pay forthwith the
total amount to be paid by him as recorded in the receipt by drawing two cheques,
one in favour of the Market Committee and another in favour of the tenderer. Both
the cheques shall be payable on presentation. The cheque drawn in favour of the
Market Committee shall be for an amount equal to the amounts referred to in clauses
(vii), (viii), (ix) and (x) under sub-section (4); and the cheque drawn in favour of
the tenderer shall be for an amount equal to the amount referred to in clause (xi) of
sub-section (4). The Market Committee, on receipt of the cheque, shall arrange to
pay to the commission agent and the co-operative society, if any, the amount of
money recorded against each of them in the receipt and credit the balance due to it
to the market fund :

1[Provided that, where the purchaser is the State Government or an agent
appointed by it to make purchases of any notified produce on its behalf under any
law for the time being in force, then the amount payable to the tenderer may be paid
either  in  cash  or  by  crediting  the  amount  into  the  account  of  the  tenderer  in  a
co-operative bank.]

2[Explanation.––For the purposes of this section, section 31 and section 34A
‘purchaser’ shall include any person who pays the purchase price of any notified
produce or agricultural produce, as the case may be, tendered for sale, or by whom
payment of such price is made, whether on his own account, or as an agent or on
behalf of another person].
3[(1)]

It shall be competent to a Market Committee to levy and collect
fees in the prescribed manner at such rates as may be decided by it (but subject to
the minimum and maximum rates which may be fixed by the State Government
by  notification in  the Official Gazette,  in  that  behalf), from  every  purchaser  of
agricultural produce marketed in that market area :

31.

Provided that, when any agricultural produce brought in any market area for the
purposes of processing only 5
within
thirty days from the date of its arrival therein, it shall, until the contrary is proved, be
presumed to have been marketed in the market area, and shall be liable for the levy
of fees under this section, as if it had been so marketed :

is not processed 5





 6[Provided further that,––

(a)

any agricultural produce brought in any market area for the exclusive
purpose of export shall be exempted for the payment of fees and supervision cost,
if such exporter or his duly authorised agent presents the letter of credit or confirmed
order  of  export  or  confirmed  export  order  consignment,  whichever  is  relevant
or  applicable,  at  the  time  of  entry  of  such  produce  in  the  market  area,  to  the
officer authorised in this behalf by the  market committee concerned along with a
declaration in that behalf, in such form as the State Government may, by order
from time to time, direct;

1 This  proviso  was  added  by  Mah.  30  of  1974,  s.  2.
2 This  Explanation  was  added  by  Mah.  50  of  1977,  s.  2.
3 Section  31  was  renumbered  as  sub-section  (1)  of  that  section  by  Mah.  27  of  1987,  s.  17.
4 These  words  and  brackets  were  added  by  Mah.  27  of  1987,  s.  17  (b).
5 The  words  “or  for  export”  and  “or  exported  therefrom”  were  deleted  by  Mah.  8  of  1994,  s.  2  (a).
6 This  proviso  was  inserted  by  Mah.  8  of  1994,  s.  2  (b).

Power of
Market
Committee
to levy fees
4[and rates
of
commission
(adat)].

42

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

[1964 : Mah. XX

(b)

if such exporter fails to submit a certified copy of the bill of lading or
the air-freight bill or any other documents as may be specified by the State Govern-
ment as a proof of such export, within ninety days from the date of entry of the
agricultural produce in the market area, such agricultural produce shall be deemed to
have been marketed within the market area and he shall forthwith pay the market fees
under this section and shall also pay the supervision cost under section 34A on such
agricultural produce, along with eighteen per cent. interest on the total amount due
and payable as the market fees and supervision cost, from the date of bringing of
such produce in the market area :]

1[Provided also that, no such fees shall be levied and collected in any market
area in relation to agricultural produce in respect of which fees under this section have
already been levied and collected by any other Market Committee, private market,
farmer-consumer market, special commodity market or under direct marketing in the
State or in relation to declared agricultural produce purchased by person engaged in
industries carried on without the aid of any machinery or labour in any market area].

2[(2)

It shall be competent to a Market Committee to fix, with the prior
approval of the State Government, the rate of commission (adat) to be charged
3[by the commission agents from the buyer] in respect of an agricultural produce or
class of agricultural produce marketed in the market area.

(3)

It shall be the duty of the buyer, commission agent, processor and trader
to pay the market fee fixed immdiately after weighment or measurement of the
agricultural produce is done. The buyer, the commission agent, processor or trader
who fails to pay the market fee as fixed above shall be liable to pay a penalty as
prescribed in addition to such fees.

(4) Notwithstanding anything contained in this Act or any other law for the
time being in force or in any agreement, it shall be competent to a Market Committee
to recover the amount of fees along with the amount of penalty which is due to a
Market Committee from a buyer, commission agent, processor or trader ––

(a)

from the amount of deposit kept with the Market Committee by the

buyer, commission agent, processor or trader, as the case may be;

(b)

from the Bank which gives the guarantee to such buyer, commission
agent,  processor  or  trader  and  the  Bank  shall,  on  demands  by  the  Market
Committee, pay the amount so demanded.]

Power to
borrow.

32.

(1) A Market Committee may, with the previous sanction of the Direc-
tor, raise money required for carrying out the purposes for which it is established on
the security of any property vested in it and of any fees leviable by it under this Act.

(2) The Market Committee may, for the purpose of meeting the expenditure
on lands, buildings and equipment required for establishing the Market, obtain a loan
from the State Government on such terms and conditions as the State Government
may determine.

1 This  proviso  was  substituted  by  Mah.  7  of  2017,  s.  4  (a).

2 These  sub-sections  were  added  by  Mah.  27  of  1987,  s.  17  (a).

3 These  words  were  substituted  for  the  words  “by  the  commission  agents”  by  Mah.  7  of  2017,  s.  4 (b).

43

32A.

1964 : Mah. XX]

Maharashtra Agricultural  Produce  Marketing
(Development  and  Regulation)  Act,  1963.
1[ 2[(1) Any  such officer  or servant  of the  Market Committee  as
the Market Committee may specify in this behalf (hereinafter referred to as “the
specified  officer  or  servant”)  for  the  purposes  of  this Act,  require  any  person
carrying on  business in  the market  area in  any agricultural  produce to  produce
before him the accounts and other document and to furnish any information relating
to  the  stock  of  such  agricultural produce,  or  purchases,  sales  and  deliveries  of
such agricultural produce by such person and also other information relating to
payment of the market fees and payment to the seller by such person.

Power to
order
production
and power
of entry,
inspection
and seizure.

(2) All accounts and registers maintained by any person in the ordinary course
of business in the market area in any agricultural produce and documents relating to
the stock of such agricultural produce or purchases, sales and deliveries of such
agricultural produce in his possession and the office, establishment, godowns, vessels
or vehicles of such person shall be open to inspection at all reasonable times by such
specified officer or servant.

Mah.
XXIV
of
1961.

(3)

3[The Registrar appointed under the Maharashtra Co-operative Societies
Act, 1960 or any subordinate officer not below the rank of the Assistant Registrar ;
and the Secretary, Joint Secretary or Deputy Secretary of the Market Committee
(hereinafter referred to as “the authorised officer”), has reason to believe,]––

(a)

that any person carrying on business in any agricultural produce in the

market area within the jurisdiction of the said Market Committee,––

(i)

is attempting to evade or has evaded the payment of fees or charges

payable by him under this Act, rules or bye-laws ; or

(ii) has committed any act contrary to the provisions of this Act, rules or

bye-laws ; or

(iii)

on having been served with a notice to produce or cause to be
produced any books of accounts or other documents or articles or registers or
things relating to the business in any agricultural produce, has failed to do so ; or

(b)

that any person has purchased any agricultural produce in contravention
of the provisions of this Act or the rules or the bye-laws, then the authorised
officer may,––

(i)

enter and search any place, building, warehouse, godown, vessel,
cart or vehicle where he has reason to suspect that such person has kept or
keeps any such books of accounts, documents, articles, registers or things ;

1

2

3

These  sections  were  inserted  by  Mah.  27  of  1987,  s.  18.

Section  32A  was  substituted  for  the  original  by  Mah.  8  of  1994,  s.  3.

This  portion  was  substituted  for  the  portion  begining  with  the  words  “Any  officer”  and  ending  with  the
words  “has  reasons  to  believe,”  by  Mah.  11  of  2003,  s.  12.

44

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

[1964 : Mah. XX

(ii) break open the lock of any door, box, locker, safe, almirah or other
receptacle for exercising the powers conferred by sub-clause (i), where the
keys thereof are not available;

(iii)

search any person who has get out of, or is about to get into, or is
in any place or premises, if the authorised officer has reason to suspect that such
person  has  secreted  about  his  person  any  such  books  of  accounts,  other
documents, articles, registers or things ;

(iv)

seize  any  such  books  of  accounts,  other  documents,  articles,

registers or things found as a result of any such search;

(v)

place  mark  of  identification  on  any  books  of  accounts  or  other
documents, articles, registers or things and make or cause to be made, extracts
or copies therefrom;

(vi) make a note or an inventory of any such books of accounts, other

documents, articles, registers or things seized.

(4) The authorized officer may requisition the services of any police officer to
assist him for all or any of the purposes specified in sub-section (3) and it shall be
the duty of every police officer to comply with such requisition.

(5) The authorised officer may, where it is not practicable to seize any such
books of accounts, other documents, articles, registers or things or vehicles under
sub-section (3), serve an order on the owner or the person who is in immediate
possession or control thereof that he shall not remove, part with or otherwise deal
with it except with the previous permission of such officer and such officer may take
such steps as may be necessary for ensuring compliance with such order.

(6) Where any books of account, other documents, articles, registers or things
are found in the possession or control of any person in the course of a search, it may
be presumed,––

(i)

that such books of accounts, other documents, articles, registers or
things  are  found  in the  possession  or  control  of  any  person in  the  course  of
search, belong to such person ;

(ii)
true; and

that the contents of such books of accounts and other documents are

(iii)

that the signature and every other part of such books of accounts and
other document which purport to be in the handwriting of any particular person or
which  may  reasonably  be  assumed  to  have  been  signed  by,  or  to  be  in  the
handwriting of, any particular person, are in that person’s handwriting, and in the
case of a document stamped, executed or attested by the person by whom it
purports to have been so executed or attested.

45

1964 : Mah. XX]

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

(7) The person from whose custody any books of accounts, other documents,
articles, registers or things are seized under the foregoing sub-sections, may make
copies thereof or take extracts therefrom, in the presence of the authorised officer
or any other person empowered by him in this behalf, at such place and time as the
authorised officer may appoint in this behalf.

(8) The books of accounts, documents, articles, registers or things or vehicle
so seized shall not be retained by the authorised officer for a period exceeding ninety
days from the date of seizure :

Provided that, in computing such period any period during which any proceeding
under this Act is stayed by an order or injunction of any Court, shall be excluded :

Provided further that, if any articles or things so seized are of perishable nature
they shall not be retained by the authorised officer for more than twelve hours from
the time of seizure.

(9) Notwithstanding anything contained in sub-section (8),–

(a) where such articles or things comprise agricultural produce and are
transported within the market area in such  vehicles which are so seized; and
market fees or any other dues in respect of such agricultural produce are not paid,
such vehicle and such agricultural produce may be retained until the market fees
and supervision charges along with penalty equal to three times the amount of such
fees and charges and the actual cost of such seizure are paid and if the amount
of such fees, charges, penalty and cost are not paid even after demand thereof in
writing, then the same may be recovered by sale of such agricultural produce by
auction and the balance of amount, if any, left thereafter, may be returned to the
person from whom they are seized;

(b) where such books of accounts, documents, articles, registers or things
or vehicles and the agricultural produce so seized are required for the purpose of
prosecution launched for an offence of contravention of the provisions of this Act
or the rules or the bye-laws, they may be retained until they are ordered to be
released by the Court trying such offences;

(c) where such articles or things which comprise agricultural produce which
are of perishable nature and the market fees and supervision charges alongwith
penalty equal to three times the amount of such fees and charges and the actual
cost of such seizure are not paid, then instead of returning the same to the person
from whom they are seized, such market fees, charges, penalty and cost in respect
thereof may be recovered by sale of such agricultural produce by auction and the
balance of amount, if any, left thereafter, may be returned to such person.

(10) The authorised officer shall carry out the search and seizure under this
section with due regard to the honour and dignity of any inmates in the building, place
or vehicle and exercise the minimum force in obtaining ingress into the building, place
or vehicle to be searched where free ingress thereto is not available and ensure safe
custody of any books of accounts, documents, articles, registers or things or vehicle
so seized.

46

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

[1964 : Mah. XX

(11) Without prejudice to the foregoing provisions, the provisions of the Code
of Criminal Procedure, 1973 relating to search and seizure shall so far as may be,
apply to the searches and seizure under this section].

II of
1974.

Power to
write off
loss,
shortage or
fee, etc.,
irrecover-
able.

32B. A Market Committee may write off any fee or other amount whatsoever
due to it or whenever any loss of the Committee in money or store or other property
occurs through any fraud or negligence of any person or for any other cause and in
the opinion of the Market Committee, the fee, amount, property, or money is found
to be irrecoverable or should be remitted, the Market Committee may order to
write off or remit such fee, amount, property or money as lost, or irrecoverable, as
the case may be :

Power to
make
alternative
arrange-
ments
during
strikes.

Power to
take  steps
to prevent
purchases
of
agricultural
produce
below
support
price.

Power of
Market
Committee
to evict from
shop, gala,
shed, plot,
or any
other
premises and
 to remove
encro-
achment.

Execution
of
contracts.

Provided that, where the amount due or the value of store or other property
exceeds five hundred rupees, the Market Committee shall before making any order
to write off or remit as aforesaid, obtain the sanction of the Director.

32C.

If any licensee or class of licensees dealing in any agricultural produce
whether perishable or not go on strike or join any strike and the functioning of the
market  is  disrupted,  it  shall  be  competent  to  the  Market  Committee  to  make
such  arrangement  as  are  necessary  in  its  opinion  for  running  the  market.  Such
arrangements may include the purchasing, storage or transport of the agricultural
produce by the Market Committee itself with the approval of the Director.

32D.

It shall be the duty of the Market Committee to make such arrangements
and to take such steps as may be prescribed to prevent purchase of agricultural
produce in the market area below the support price fixed by the Government.]

1[32E. A Market Committee, if convinced that any shop, gala, shed, plot or
any other premises allotted or leased for purposes of sale and purchase of agricultural
produce or such other purposes directly or indirectly connected with the sale and
purchase  of  agricultural  produce,  is  not  used  for  the  purpose  for  which  the
allotment was made or missused or where encroachment is made on the land of the
Market Committee, after giving a reasonable opportunity of being heard to the
person concerned, issue an order for eviction of the shop, gala, shed, plot or any
other  premises  or  for  removing  the  encroachment  and  the  concerned  local
authority of the area shall provide all possible help for such eviction or removal of
encroachment to the Market Committee].

33.

(1) Every contract entered into by the Market Committee shall be in
writing and shall be signed on behalf of the Market Committee by its Chairman, or
in the absence of the Chairman by the Vice-Chairman, and two other members of
the Committee.

(2) No contract other than a contract executed as provided in sub-section (1)

shall be binding on the Market Committee.

1 Section  32E  was  inserted  by  Mah.  11  of  2003,  s.  13.

47

Bom.
LXIX
of
1958.

Bom.
LXIX
of
1958.

1964 : Mah. XX]

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

34.

(1) Notwithstanding anything contained in the Bombay Weights and
Measures  (Enforcement) Act, 1958,  if  any  dispute  arises between  an  Inspector
appointed under that Act and any person interested as to the meaning or construction
of any  rule made  under that Act or as  to the  method of  verifying, re-verifying,
adjusting or stamping any weight or measure or weighing or measuring instrument,
in any market area, such dispute may, at the request of the party interested or by the
Inspector of his own accord, be referred to the Market Committee; and the decision
of the Market Committee shall, subject to the provision of sub-section (2), be final
and shall be deemed to have been given under section 20 of the Bombay Weights
and Measures (Enforcement) Act, 1958.

(2) An appeal shall lie within the time prescribed from the decision under
sub-section (1) to the State Government or such officer as the State Government
may appoint in this behalf. The decision of the State Government, or such officer,
shall be final.

1[CHAPTER IV-A

COST  OF  SUPERVISION

34A.

(1) The State Government may, by general or special order, direct
that the purchase of agricultural produce, the marketing of which is regulated in any
market or market area under this Act, shall be under the supervision of such staff
appointed by the State Government as it may deem to be necessary; and subject to
the provisions of this Chapter, the cost of such supervision shall be paid to the State
Government by the person purchasing such produce in such market or market area.

(2) The cost to be paid by a purchaser shall be determined from time to time
by the State Government and notified in the market or market area (in such manner
as the State Government may deem fit), so however that the amount of the cost does
not exceed five paise per hundred rupees of the purchase price of the agricultural
produce which is purchased by such purchaser.

Certain
disputes
regarding
construc-
tion of
rules, etc.,
about
weights
and
measures to
be decided
by Market
Committee.

Supervision
over
purchases
of agricul-
tural
produce in
any market
or market
area and
payment of
cost  of
supervision
by
purchasers.

34B.

(1) The cost of supervision shall be collected by the Market Committee

Supervision.

in the same manner in which the fee levied by it under section 31 is collected.

(2) The cost of supervision collected by a Market Committee shall be paid
to the State Government in the prescribed manner within a period of fifteen days from
the close of the month in which such cost is collected.

34C.

If a Market Committee makes default  in the collection or payment
to the State Government of any sum or part thereof due in respect of the cost of
supervision, the Director may direct that the said sum or part thereof, as the case may
be, together with  a penalty equal to one per  cent. of such sum or  part shall be
recovered  from  the  Market  Committee  as  an  arrear  of  land  revenue  under
section 57.]

Default of
Market
Committee
in
collecting
or paying
cost  of
supervision.

1 Chapter  IV-A  was  inserted  by  Mah.  26  of  1972,  s.  2.

Power of
Market
Committee
to employ
staff.

Power of
Government
to appoint
Secretary of
Market
Committee.

Market
Fund, its
custody
and
investment.

Purpose for
which Market
Fund may be
expended.

48

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

[1964 : Mah. XX

CHAPTER V

OFFICERS  AND  SERVANTS  OF  MARKET  COMMITTEES

35.

1[(1) A Market Committee may employ a Secretary and such other
officers and servants as may be necessary for the management of the market, for the
collection, maintenance, dissemination and supply of information relating to crops
statistics and marketing intelligence and for carrying out its duties under this Act; and
shall pay such officers and servants such salaries and allowances, pension or gratuity
and shall contribute to any provident fund and pension fund which may be established
for the benefit of such employees :

Provided that, all posts other than that of a Secretary shall, subject to such
general or special directions which the Director may issue in this behalf, be created
only with the prior approval of the Director :

2[Provided further that, the State Marketing Board shall prepare a list of the
persons to be appointed as the Secretaries on the Market Committees according to
their qualification and experience and it shall be binding on the Market Committees
to appoint a person as Secretary from the list of persons enrolled.]

(2) The Secretary of the Market Committee shall be the Chief Executive
Officer and the Custodian of the records and properties of the Market Committee
and shall exercise such powers as are conferred and perform such duties as are
imposed upon him by or under this Act.]

(3) The powers conferred by this section on the Market Committee shall be
exercised  subject  to  any  rules  which  may  be  made  in  that  behalf  by  the  State
Government.

3[35A. Notwithstanding anything contained in section 35, the State Govern-
ment may appoint any officer, not below the rank of Assistant Registrar of Co-
operative Societies, from the Co-operation Department, as the Secretary of any
Market Committee.]

CHAPTER VI
THE  MARKET  FUND

36.

(1) All monies received by a Market 4

 Committee
under this Act 5[(except the amount of such fees credited to the Election Fund under
section 14A)] all sums realised by way of penalty (otherwise than by way of a fine
in  a  criminal  case),  all  loans  raised  by  the  Committee,  and  all  grants,  loans  or
contributions made by the State Government to the Committee shall form part of a
fund to be called the Market Fund.



(2) The amount to the credit of a Market Fund shall be kept or invested in

such manner as may be prescribed.

37.

6[(1)] The Market Fund may be expended for all or any of the following

purposes, namely :––

(a)

the acquisitions of a site or sites for the market;

1 Sub-sections  (1)  and  (2)  were  substituted  by  Mah.  27  of  1987,  s.  19.
2 This  proviso  was  added  by  Mah.  48  of  2005,  s.  10.
3 This  section  was  inserted  by  Mah.  10  of  2008,  s.  5.
4 The  words  “by  way  of  fees”  were  deleted  by  Mah.  32  of  1970,  s.  9.
5 This  portion  was  inserted  by  Mah.  2  of  1972,  s.  6.
6 Section  37  was  renumbered  as  sub-section  (1)  of  that  section  and  sub-section  (2)  was  added  by  Mah.  10

of  1984,  s.  8.

49

1964 : Mah. XX]

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

(b) maintenance, development and improvement of the market;

(c)

construction of, and repaires to, buildings necessary for the purposes of

such market and for the health, convenience and safety of persons using it;

(d)

pay, pension, leave allowances, gratuities, compensation for injuries
resulting from accidents, compassionate allowances and contributions towards
leave,  allowances,  pensions  or  provident  fund  of  the  officers  and  servants
employed by the Market Committee;

1







(g)

the payment of interest on loan, if any, raised by the Market Committee

and the provision of sinking fund in respect of such loan;

(h)

the collecting and dissemination of information regarding matters relating
to crop statistics and marketing in respect of the agricultural produce notified
under section 4;

(i) propaganda in favour of agricultural improvement and orderly marketing;

( j ) payment of allowances and travelling expenses to the members of the
Market Committee and sub-committee; and of the Board constituted, if any, under
section 10;

2[( j1)
under section 21A;

the payment of an honorarium to the Chairman and Vice-Chairman

( j2)

giving grant or donation to any institution or body conducting any
educational or welfare activities for the benefit of agriculturists in the market area
subject to the condition that the amount of such grant or donation does not exceed
in the aggregate ten per cent. of the net amount remaining after deducting the
expenditure from the revenues of the year immediately preceding the year in which
such grant or donation is made;]

(k)

expenses of any Tribunal constituted under section 57;

3[(l)

Committee;

the payment of expenses incurred in auditing the accounts of Market

(m)

the payment of such contribution to State Marketing Board as may be

notified under sub-section (2);

(n)

the making  of any  contribution to any  scheme for  development of

agricultural marketing;

(o)

the provision of facilities, like grading services and communication of

market information to agriculturist in the market area;

(p)

the payment of expenses on elections under this Act;

1 Clauses  (f)  was  deleted  by  Mah.  2  of  1972,  s.  7  (I).
2 Clauses  (  j1)  and  (  j2)  were  inserted  by  Mah.  2  of  1972,  s.  7  (2).
3 These  clauses  were  substituted  for  clauses  (l)  and  (m)  by  Mah.  27  of  1987,  s.  20.

50

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

[1964 : Mah. XX

(q)

the  incurring  of  expenses  for  research,  extension  and  training  in

marketing of agricultural produce;

(r)

the prevention, in conjunction with other agencies, State and Central

Government, of distress sale of agricultural produce;

(s)

the promotion of co-operative marketing of agricultural produce;

(t)
farmers;

the promotion of warehousing finance for benefit of small and marginal

(u)
1[(u1)

towards expenses of any Tribunal constituted under section 57;

the expenses for prevention of distress sale of agricultural produce
as well as to prevent purchases of agricultural produce in the market area below
the minimum support price fixed by the Government or making purchases and sale
of the agricultural produce during the strike of market functionaries or otherwise
in the market area to the extent of fifty per cent. of the average of surplus earned
during the last three years;

(u2)

the  expenses  for  opening  temporary  shops  and  retail  outlets  for

carrying out the retail marketing;

(u3)

the expenses for creation of infrastructure for exporting agricultural
produce and carrying out extension work in improved technology in agricultural
production, within the ceiling mentioned in clause (u1);

(u4)

the expenses for creating facilities in the market area for grading,
cleaning, packing, processing, storage, warehousing (including cold storage) and
transport from farms to the market area and from market area to the rail head
sea-port or airport;]

(v)
Government.]

for any other purpose, with the previous  approval  of  the  State

2[(2) Every Market Committee shall, out of the Market Fund, pay, within two
months from the date of expiry of the previous market year, to the State Agricultural
Marketing Board an annual contribution at such rate, not exceeding ten per cent. of its
gross annual income for the previous market year, and in such manner as the State
Government may, by notification in the Official Gazette, specify from time to time and,
having regard to the finances of a Market Committee or class or classes of Market
Committees, different rates may be specified for different Market Committee or class
or classes of Market Committees.]

38.

3[(1)] The manner in which any payment from the Market Fund shall
be made, its accounts shall be kept and audited or re-audited (including powers to
be exercised by the auditor in that behalf), its annual, revised or supplementary
budget estimate of income and expenditure shall be made (including provision for
modifying, annulling or rescinding such budgets) and its annual administration report
shall be prepared, shall be prescribed by rules made in that behalf.

1 These  clauses  were  inserted  by  Mah. 11  of  2003,  s.  14.
2 Sub-section  (2)  was  added  by  Mah. 10  of  1984,  s.  8.
3 Section  38  was  re-numbered  as  sub-section  (1)  by  Mah. 27  of  1987,  s.  21.

Manner of
preparing
budget, etc.

51

1964 : Mah. XX]

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

1[(2) Every Market Committee shall submit the budget to the State Marketing
Board  for sanction  before  the prescribed  date every  year. The State  Marketing
Board shall sanction the budget with or without modification, as the case may be,
within one month from the date of receipt thereof. If the approval or otherwise of the
budget is not communicated by the Board within one month of its receipt by it, the
budget shall be deemed to have been sanctioned without any modifications.

(3) No expenditure shall be incurred by a Market Committee on any item if
there  is  no provision  in  the  sanctioned budget  therefor  unless  it  can be  met  by
reappropriation from saving under any other budget head. The sanction for reappro-
priation may be obtained from the State Marketing Board :

Provided that, in case of reappropriation from one minor budget head to the
other under one major budget head, such sanction for reappropriation shall not be
required.

(4) A Market Committee may at anytime during the year for which any budget
has been sanctioned, cause a revised or supplementary budget to be passed and
sanctioned in the same manner as if it were an original budget.]

2[38A.

(1) No expenditure from the funds of a Market Committee shall be
incurred for the purpose of defraying the cost of any proceeding filed or taken by
or against any member, Chairman or Vice-Chairman of the Market Committee in his
personal capacity. If any question arises whether any expenditure can be so incurred
or  not,  such  question  shall  be  referred  to  and  decided  by  the  Director,  and  his
decision shall be final.

(2)

If  any  person  incurs  expenditure  in  violation  of  sub-section  (1),  the
Director shall direct the person to repay the amount to the Market Committee within
one  month  and  where  such  person  fails  to  repay  the  amount  as  directed,  such
amount shall, on the certificate issued by the Director, be recoverable as arrear of
land revenue.

(3) The person against whom action is taken by the Director under sub-
section (2) shall be disqualified to continue to be a manner of the Market Committee
for remainder of his term of office and shall also be disqualified for contesting for
the  next  election including  any  next  by-election  of  the Market  Committee  held
immediately after the expiration of a period of one month during which such person
has failed to pay the amount referred to in sub-section (2).]

1 These  sub-sections  were  added  by  Mah.  27  of  1987,  s.  21.
2 Section  38A  was  inserted  by  Mah.  27  of  1987,  s.  22.

Funds  not
to be
utilised for
certain
proceed-
ings filed or
taken by or
against
officers in
personal
capacities.

52

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

[1964 : Mah. XX

CHAPTER VII

TRADE  ALLOWANCES  PROHIBITED

Making or
recovery  of
trade
allowance
prohibited.

39. No person shall make or recover any trade allowance in any market or

market area in any transaction in respect of any agricultural produce.

1[Explanation.–– For the purposes of this section, trade allowance means any
deduction in cash or kind in price or rate of agricultural produce on account of any
variation in the quality, weight, grade, container, sample or admixture.]

2[ CHAPTER VII-A

STATE  AGRICULTURAL  MARKETING  BOARD

Establish-
ment of
State
Agricultural
Marketing
Board.

Constitu-
tion of
State
Marketing
Board.

39A.

(1) The State Government may, for co-ordinating the activities of
Market Committees and for exercising such other powers and performing such
functions as are conferred or entrusted under this Act, by notification in the Official
Gazette, establish, with effect from such date as may be specified in such notification,
a State Agricultural Marketing Board to be called “The Maharashtra State Agricul-
tural Marketing Board” 3

.

(2) The  State  Marketing  Board  shall  be  a  body  corporate  by  the  name
aforesaid and shall have perpetual succession and a common seal, and may in its
corporate name sue and be sued and shall be competent to contract, acquire and
hold property, both movable and immovable, and to do all other things necessary for
the purpose for which it is established.

(3) Notwithstanding anything contained in any law for the time being in force,
the State Marketing Board shall, for all purposes, be deemed to be a local authority.

39B. The State Marketing Board shall consist of the following members,

that is to say––

(i)

4[The Minister in-charge of Marketing]

(ii)

5[The Minister of State in-charge of Marketing]

ex-officio
Chairman;

ex-officio
Vice-Chairman;

6







(iii) The Commissioner for Co-operation and Registrar

of Co-operative Societies, Maharashtra State, Pune.

ex-officio
Member;

1 This  Explanation  was  substituted  by  Mah.  27  of  1987,  s.  23.
2 Chapter  VII-A  was  inserted  by  Mah.  10  of  1984,  s.  9.
3 The  bracket  and  words  “(hereinafter  in  this  chapter  referred  to  as  “the  State  Marketing  Board)”  were

deleted  by  Mah.  27  of  1987,  s.  24.

4 These  words  were  substituted  for  the  words  “the  Minister  for  Co-operation”  by  Mah.  33  of 2000, s.  3  (1).
5 These  words  were  substituted  for  the  words  “the  Minister  of  State  for  Co-operation”  by  Mah.  33  of  2000,

s.  3  (2).

6 Clause  (ii-a)  was  deleted  by  Mah.  48  of  2005,  s.  11  (a).

53

1964 : Mah. XX]

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

(iv)

1[The  Commissioner  for  Agriculture,  Maharashtra
State, Pune.]

(v) one representative of the National Bank of Agricultural
and Rural Development (NABARD), to be nominated
by the State Government.

(vi)

(vii)

the Agricultural Marketing Advisor to the Government
of India, or his representative.
2[six members one each from the revenue divisions
to be  3[nominated  by  the State  Government]  from
amongst  the  Chairmen  of  the  Market  Committees
in respective revenue division.]

ex-officio
Member;

ex-officio
Member;

ex-officio
Member;

Members;

(viii)

the  Chairman,  the  Maharashtra  State  Market
Committees’ Co-operative Federation Limited, Pune.

Member;

(ix) The Director of Agricultural Marketing, Maharashtra

Member 4 *;

State, Pune.

5[(x) The Managing Director.

Member
Secretary.]

Explanation.–– For the purposes of Chapter VII-A, the expression “member”

means a member of the State Marketing Board.

6[39B-1.

(1) The State Government may, by notification in the Official
Gazette, appoint, on deputation, an officer to be the Managing Director of the State
Marketing Board.

(2) The Managing Director appointed under sub-section (1) shall exercise
such powers and perform such functions as may be specified under this Act or rules
made thereunder.]

39C.

(1) Subject to the superitendence of the State Marketing Board, the
Managing Director shall function as the chief executive officer of the State Marketing
Board.

(2) The State Marketing Board shall appoint such other officers and servants
under the supervision and control of the Managing Director as it may consider
necessary for the efficient discharge of its duties and functions under this Act.

Managing
Director of
State
Marketing
Board.

Officers
and
servants  of
State
Marketing
Board.

1 These  words  were  substituted  for  the  words  “the  Director  of  Agriculture,  Maharashtra  State,  Pune,  by

Mah.  11  of  2003,  s.  15  (b).

2 These  words  were  substituted  for  the  words  “members  not  exceeding  six  to  be  nominated  by  the  State
Government  from  amongst  the  Chairmen  of  the  Market  Committee,  one  each  from  the  six  revenue
divisions”  by  Mah.  11  of  2003,  s.  15  (c).

3 These  words  substituted  for  the  words  “elected”  by  Mah.  48  of  2005,  s.  11  (b).

4 The  words  “and  the  Managing  Director”  were  deleted  by  Mah.  21  of  2010,  s.  3  (a).

5 This  clause  was  added  by  Mah.  21  of  2010,  s.  3  (b).

6 This  section  was  inserted  by  Mah.  21  of  2010,  s.  4.

54

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

[1964 : Mah. XX

39D. Notwithstanding anything contained in any law for the time being in
force, a member of the State Marketing Board referred to in clause (vi) or (viii) of
section 39B shall not be disqualified for being chosen as, and for being, a member
of the State Legislature or councillor of any local authority, merely by reason of the
fact that he is a member of the State Marketing Board.`

Member not
disqualifiled
from contes-
ting elec-
tions or as
members
of State
Legislature
or local
authorities.

Term of
office of
members.

39E.

(1) The term of office of the member referred to in clause (vii) of
section 39B shall ordinarily be three years from the date of his nomination as such
member.

(2) Notwithstanding anything contained in sub-section (1), the term of office
of  a member  of  the State  Marketing  Board shall,  unless  the State  Government
terminates his membership earlier or he resigns his membership come to an end as
soon as he ceases to hold any office, or the office under Government, the Market
Committee, the National Bank of Agricultural and Rural Development (NABARD)
or as the case may be, the Maharashtra State Market Committees’ Co-operative
Federation, by virtue of which he holds the membership of the State Marketing
Board under section 39B :

Provided that, the membership of the Agricultural Marketing Advisor to the
Government of India or his representative shall not be terminated under this section
without the concurrence of that Government.

39F. Where a vacancy occurs on account of resignation, death or otherwise
in the office of a member of the State Marketing Board, the vacancy shall be filled
as soon as possible by nomination by the State Government of other person belong-
ing to the category from which the former member was nominated, and the member
so nominated shall hold office so long only as the member in whose place he is
nominated would held it if the vacancy had not occured.

39G.

(1) During any vacancy in the State Marketing Board the continuing

members may act as if no vacancy had occurred.

(2) The State Marketing Board shall have power to act, notwithstanding
any vacancy in the membership or any defect in the constitution thereof; and such
proceedings thereof shall be valid notwithstanding that it is discovered subsequently
that some person who was not entitled to do so sat and voted or otherwise took part
in the proceedings.

39H. A member of the State Marketing Board may resign his office by writing
under his hand addressed to the Managing Director; and the resignation shall take
effect from the date it is accepted.

39I.

The members of the State Marketing Board, holding membership under
clauses (v) to (viii) of section 39B shall be paid from the Agricultural Marketing
Development Fund, such fees and allowances as may be fixed by the State Govern-
ment from time to time, for attending its meeting and for attending to any other work,
assigned to them by the State Marketing Board.

39J. Subject  to  the  provisions  of  this Act,  the  Board  shall  perform  the
following functions and shall have power to do such things as may be necessary or
expedient for carrying out these functions, namely :––

(i)

to  co-ordinate  the  functioning  of  the  Market  Committee  including
programmes undertaken by such Market Committees for the development of
markets and market areas;

Casual
vacancies.

Members to
act during
vacancy;  act
etc., of State
Marketing
Board, etc.,
 not to be in-
validated by
informalities.

Resignation
of members.

Allowances
of members.

Functions
and
powers of
State
Marketing
Board.

55

1964 : Mah. XX]

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

(ii)

to undertake State-level planning of the development of agricultural

produce markets;

(iii)

to maintain and administer the Agricultural Marketing Development

Fund;

(iv)

to  give  advice  to  Market  Committee  in  general  or  any  Market
Commiittee in particular with a view to ensuring improvement in the functioning
thereof;
(v)

to supervise and guide the Market Committee in the preparation of
plans  and  estimates  of  construction  programme  undertaken  by  the  Market
Committee;
(vi)

to  make  necessary  arrangements  for  propaganda  and  publicity  on

matters relating to marketing of agricultural produce;

(vii)

to grant subventions or loans to Market Committees for the purposes

of this Act on such terms and conditions as it may determine;

(viii)

to arrange or organise seminars, workshop or exhibitions or subject

relating to agricultural marketing;

1[(viii a)

to arrange for training to the members as well as to the employees

of the Market Committee;]

(ix)

to  do  such  other  things  as  may  be  of  general  interest  relating  to

marketing of agricultural produce;

(x)
(xi)

to carry out any other function specifically entrusted to it by this Act;
to carry out such other functions of like nature as may be entrusted to

it by the State Government.

39K.

(1) The State Marketing Board may, with the previous approval of
the State Government, make regulations, not inconsistent with this Act and rules
made thereunder, for the administration of its affairs.

Regulations.

(2)

In particular and without prejudice to the generality of the foregoing power,

such regulations may provide for all or any of the following matters, namely :––

(a)

the summoning and holding of meetings of the State Marketing Board,
the time and date when such meetings are to be held, the conduct of business at
such meetings and the number of persons necessary to form a quorum thereat;
the powers and duties, the salaries and allowances and other conditions

(b)

of service of officers and other employees of the State Marketing Board;

(c)
(d)

the management of the properties of the State Marketing Board;
the maintenance of accounts and the preparation of balance sheet and

other financial statements;

(e)

any other matter for which provision is to be or may be required to be
made in the regulations for carrying out the functions of the State Marketing Board
under this Act.

39L.

(1) A fund to be called “the Agricultural Marketing Development Fund”
is  hereby  established,  which  shall  be  maintained  and  administered  by  the  State
Marketing Board.

1 Clause  (viii  a)  was  inserted  by  Mah.  11  of  2003,  s.  16.

Establish-
ment
and admini-
stration of
Agricultural
Marketing
Develop-
ment Fund.

56

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

[1964 : Mah. XX

(2) The following shall form part of, or be paid into, the Agricultural Market-

ing Development Fund (hereinafter called “the Development Fund”), namely :––

(a)

all contributions received by the State Marketing Board from the Market

Committee under sub-section (2) of section 37;

(b)

all  contributions,  grants  or  loans  made  or  sanctioned  to  the  State

Marketing Board by the State Government;

(c)

any sums borrowed by the State Marketing Board, with the permission

of the State Government;

(d)

all income or moneys received by the State Marketing Board from any
other source whatsoever, including income from fees or charges levied by it or
donations or grants received from any local authorities, market committees or
other institutions and individuals;

(e)

such other sums as the State Government may, from time to time, specify.

(3) All expenditure incurred by the State Marketing Board shall, from time to
time, be met out of the Development Fund and the surplus, if any, shall be invested
by  the  State  Marketing  Board  in  public  securities  or  shall  be  deposited  in  any
scheduled  bank  as  defined  in  the  Reserve  Bank  of  India  Act,  1934,  or  in  a
co-operative bank approved by the State Government for this purpose.

II of
1934.

Power of
State
Market-
ing Board
to borrow.

Utilisation
of the
Develop-
ment
Fund.

39M. Subject to such conditions as may be prescribed, the State Marketing
Board may, for the purpose of providing itself with adequate resources, borrow
money in the open market by issue of guaranteed or unguaranteed bonds, deben-
tures, stocks or otherwise, or borrow money from any scheduled banks, or from
such other banks or financial institutions as are approved, from time to time, by the
State Government.

39N.

(1) The State Marketing Board may utilize the Development Fund for

discharge of its functions under this Act.

(2) Without  prejudice  to  the  generality  of  the  foregoing  provision, the
State Marketing Board may utilize the Development Fund for the following purposes,
namely :–

(i) payment of administrative expenditure of the State Marketing Board;

(ii)

payment of travelling and other allowances to its members;

(iii) payment of legal expenses incurred;

(iv)

financial assistance to Market Committees in the form of loan or grant
for  acquisition  of  land  for  establishment  of  market  yard  or  for  constructing
infrastructure facilities in the market area;

(v) propaganda and publicity on matters relating to marketing of agricultural

produce;

(vi)

training of officers and staff of the Market Committee and the State

Marketing Board;

(vii)

imparting education in marketing of agricultural produce;

57

1964 : Mah. XX]

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

(viii)

organising  or  arranging  workshops,  seminars  or  exhibitions  or

development of marketing of agricultural produce;

(ix) general improvements of the regulation of marketing in the State;

(x)

providing technical and legal assistance to the Market Committees;

(xi)

any other purposes necessary for execution of the functions assigned
to the State Marketing Board under this Act or as directed by the State Government.

39-O.

(1) The accounts  of the State  Marketing Board shall  be audited
annually by auditors of the Co-operation Department of the State Government on
payment of such audit fees as may be fixed, from time to time, by the Registrar of
Co-operative Societies.

Audit of
accounts.

(2) The State Marketing Board may make arrangements for internal audit of

its accounts, as it may deem fit.]

CHAPTER VIII

CONTROL

40.

(1) The Director or any officer authorised by him by general or special

order in this behalf, may,––

(a)
Committee;

inspect or cause to be inspected the accounts and offices of a Market

Inspection,
inquiry,
submission
of state-
ments, etc.

(b)

hold inquiry into the affairs of a Market Committee;

(c)

call for any return, statement, accounts or report which he may think fit

to require such Committee to furnish;

(d)

require a Committee to take into consideration,––

(i)

any objection which appears to him to exist to the doing of anything
which  is  about  to  be  done  or  is  being  done  by  or  on  behalf  of  such
Committee; or

(ii)

any information he is able to furnish and which appears to him to
necessitate the doing of a certain thing by such Committee, and to make a
written reply to him within a reasonable time stating its reasons for doing, or not
doing such thing;

(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 within such time as he may direct.

41.

(1) When the affairs of a Market Committee are investigated under
section 40 or the proceedings of such Committee are examined under section 43,
all officers, servants and members of such Committee shall furnish such information
in their possession in regard to the affairs or proceedings of the Committee as the
Director, officer authorised or, as the case may be, State Government may require.

Duty of
officers and
members to
furnish
information
to Director,
authorised
officers
and State
Government.

58

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

[1964 : Mah. XX

(2) An officer investigating the affairs of a Market Committee under section
40 or the State Government examining the proceedings of such Committee under
section 43 shall have the power to summon and enforce the attendance of officers
or members of the Market Committee and to compel them to give evidence and to
produce documents by the same means and as far as possible in the same manner
as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908.

V of
1908.

Powers of
the Director
to prohibit
execution
of resolu-
tion  passed
or order
made by
Committee,
etc.

1[41A.

(1) The Director may, on his own motion, or on report or complaint
received by him, by order, prohibit the execution of a resolution passed or order
made by the Committee or its Chairman or Vice-Chairman or any of its officer or
servants of the Market Committee, if he is of the opinion that such resolution or order
is prejudicial to the public interest or is likely to hinder efficient running of the business
in  any  market  area,  principal  market  yard  or  sub-market  yard  or  is  against  the
provision of this Act or the rules or bye-laws made thereunder.

(2) Where the execution or further execution of a resolution or order is pro-
hibited by an order made under sub-section (1) and continuing in force, it shall be
the duty of the Committee, if so required by the Director, to take any action which
the Market Committee would have been entitled to take, if the resolution or order
had never been passed or made and which is necessary for preventing the Chairman
or Vice-Chairman or any of its officers or servants from doing or continuing to do
anything under such resolution or order.]

Seizure of
account
books  and
other
documents.

42. Where the Director has reason to believe that the books and records of
a Market Committee are likely to be tampered with or destroyed or the funds or
property of a Market Committee are likely to be misappropriated or misapplied, the
Director may issue an order directing a person duly authorised by him in writing to
seize and take possession of such books and records, funds and property of the
Market Committee and the officer or officers of the Market Committee responsible
for  the custody  of  such  books, records,  funds  and  property, shall  give  delivery
thereof to the person so authorised.

Power of
State
Govern-
ment or
Director to
call for
proceed-
ings of
Market
Committee,
etc., and to
pass  orders
thereon.

2[43. The  State  Government  may  at  any  time  call  for  and  examine  the
proceedings of any Market Committee or of the Director, and the Director may,
at any time call for and examine the proceedings of any Market Committee or an
officer empowered to exercise the powers of the Market Committee or of the Director
for the purpose of satisfying itself or himself, as the case may be, as to the legality
or propriety of any decision or order passed by the Market Committee, Director or
the officer, as the case may be, under this Act. If in any case, it appears to the State
Government or the Director that any decision or order or proceeding so called for
should be modified, anulled or reversed, the State Government or the Director may
pass such order thereon as it or he may think fit].

1 Section  41A  was  inserted  by  Mah.  27  of  1987,  s.  25.
2 Section  43  was  substituted  by  Mah.  27  of  1987,  s.  26.

Amalgam-
ation or
division of
Market
Committees.

Superse-
ssion  of
Market
Committee,
etc.

59

1964 : Mah. XX]

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

44.

(1) Where the State Government is satisfied that for securing efficient
regulation of marketing of any agricultural produce in any market area 1[and for
ensuring the economic viability of the Market Committee], it is necessary that two or
more Market Committees therein should be amalgamated or any Market Committee
therein should be devided into two or more Market Committees, then the State
Government may, after consulting the Market Committees or Committee, as the case
may be, 2[and the 3[State Marketing Board] ] by notification in the Official Gazette,
provide for the amalgamation or division of such Market Committees into a single
Market Committee or into two or more Market Committees, for the market area in
respect of the agricultural produce specified in the notifications with such constitution,
property, rights, interest and authorities and such liabilities, duties and obligations
including provision in respect of contracts, assets, employees, proceedings and such
incidental, consequential and supplementary matters as may be necessary to give
effect to such amalgamation or as the case may be, the division) as may be specified
in the notification.

(2) Where more Market Committees than one established in any market area
under sub-section (1), the State Government may, notwithstanding anything contained
in this Act, issue general or special directions as to which of the Market Committees
shall exercise the powers, perform the duties and discharge the functions of the
Market Committee under this Act, in which they are jointly interested or which are
of a common nature.

(3) Where any directions are issued under sub-section (2), the cost incurred
by a Market Committee in pursuance of the directions shall be shared by the other
Market Committees concerned in such proportion as may be agreed upon, or, in
default of agreement, as may be determined by the State Government or such officer
as that Government may direct in this behalf. The decision of the State Government
or such officer shall be final.

(1)

45.

If, in the opinion of the State Government, a Market Committee or
any member thereof, is not, competent to perform or persistently makes default
in performing the duties imposed on it or him by or under this Act, or abuses its or
his powers or wilfully disregards any instructions issued by the State Government
or any officer duly authorised by it in this behalf arising out of audit of accounts of
the  Market  Committee  or  inspection  of  the  office  and  work  thereof,  the  State
Government may, after giving the Committee or member, as the case may be, an
opportunity of rendering an explanation 4[by an order in writing, with reasons there-
for], supersede such Market Committee, or remove the member, as the case may be;
and where a member is removed, the State Government shall appoint any person as
a member of such Committee in his place for the remainder of his term of office :

1 These  words  were  inserted  by  Mah.  11  of  2003,  s.  17.

2 These  words  were  inserted  by  Mah.  2  of  1972,  s.  8.

3 These  words  were  substituted  for  the  portion  beginning  with  the  words  “Federation  of  Market  Committees”

and  ending  with  the  words  “Federal  Body  of  Market  Committees”  by  Mah.  27  of  1987,  s.  27.

4 These  words  were  substituted  for  the  words  “by  notification  in  the  Official  Gazette,  with  reasons  therefor”

by  Mah.  10  of  2008,  s.  6  (a).

60

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

[1964 : Mah. XX

1[Provided that, no Market Committee shall be superseded without the 2[State

Marketing Board] referred to in section 44 being previously consulted.]

(2)

3[On issuing of an order] under sub-section (1), superseding a Market

Committee, the following consequences shall ensue, that is to say––

(a)

all members of the Market Committee shall as 4[from the date of such

order] be deemed to have vacated their office;

(b)

all the property vesting in the Market Committee shall, subject to all its

liabilities, vest in the State Government;

5[(c)

the State Government may, by order, either constitute a new Market
Committee  in  accordance  with  the  provisions  of  Chapter  III  or  appoint  an
Administrator or the Board of Administrators to carry out the functions of the
Market Committee as it thinks fit :]

6[Provided that, 7[the Administrator or the Board of Administrators appointed]
under clause (c) for carrying out of the functions of the Market Committee shall,
within the period of six months from assuming the charge ensure that the elections to
the Market Committee are held within that period. 8[If the Administrator or the
Board  of Administrators]  fails  to  hold  the  elections  within  the  said  period,  the
Director  may, after  satisfying  himself about  proper  justification  for not  holding
elections,  grant  extension  of  not  more  than  six  months,  for  enabling  the
9[Administrator or the Board of Administrators] to hold such election].

10[(2A) The  member  of  the  Committee,  who  has  been  removed  under
sub-section (1) shall not be eligible for being re-elected, re-appointed, re-nominated,
co-opted or re-co-opted as a member of the Committee, till the expiry of a period
of six years from the date of the order by which he has been so removed.]

(3)

If the State Government makes an order under clause (c) of sub-section
(2), it shall transfer the assets and liabilities of the Market Committee, as on the date
of such transfer, to the new Market Committee constituted as aforesaid or to the
person or persons, if any, appointed for the carrying out of the functions of the
Market Committee, as the case may be.

(4)

If the State Government does not make such an order, it shall transfer all
the assets of the Market Committee which remain after the satisfaction of all its
liabilities, to a local authority within whose jurisdiction the Market Committee is
situated and if there are more than one such local authorities, to each of such local
authorities, such portion of the property as the State Government may decide.

1

2

3

4

5

6

7

8

9

10

This  proviso  was  added  by  Mah.  2  of  1972,  s.  9.

These  words  were  substituted  for  the  words  “Federation  of  Market  Committees”  by  Mah.  27  of  1987,
s.  28.

These  words  were  substituted  for  the  words  “Upon  the  publication  of  a  notification”  by  Mah.  10  of  2008,

s.  6(b)(i).

These  words  were  substituted  for  the  words  “from  the  date  of  such  publication”  by  Mah.  10  of  2008,

s.  6(b)(ii).

This  clause  was  substituted  by  Mah.  10  of  2008,  s.  6(b)(iii).

This  proviso  was  added  by  Mah.  11  of  2003,  s.  18.

These  words  were  substituted  for  the  words  “person  appointed  as  an  administrator”    by  Mah.  10  of  2008,

s.  6(b)(iv)(A).

These  words  were  substituted  for  the  words  “If  such  person”  by  Mah.  10  of  2008,  s.  6(b)(iv)(B).

These  words  were  substituted  for  the  words  “Administrator”  by  Mah.  10  of  2008,  s.  6(b)(iv)(C).

This  sub-section  was  inserted  by  Mah.  10  of  2008,  s.  6(c).

61

1964 : Mah. XX]

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

(5) The  local  authority  to  which  the  assets  of  a  Market  Committee  are
transferred under sub-section (4) shall utilise such assets for such objects in the area
within its jurisdiction as the State Government considers to be for the benefit of
the agriculturists in that area.

CHAPTER IX
PENALTIES

46. Whoever in contravention of the provisions of sub-section (1) of section
6 uses any place in the market area for marketing of any agricultural produce, or
operates as a trader, commission agent, broker, processor, weighman, measurer,
surveyor, warehouseman or in any other capacity, without a valid licence, shall, on
conviction, be punished with imprisonment for a term which may extend to six months
or with fine which may extend to 1[five thousand rupees] or with both; and in the case
of a continuing contravention with a further fine which may in the case of contraven-
tion of clause (a) of sub-section (1) of section 6 extend to one hundred rupees; and
in any other case, to fifty rupees per day, during which the contravention is continued
after the first conviction.

2[46A. Whoever  in  contravention  of  the  provisions  of  section  5G  uses
E-trading platform for marketing of any agricultural produce, or operates as a trader
or in any other capacity, without a valid licence, shall, on conviction, be punished
with imprisonment for a term which may extend to six months or with fine which
shall not be less than five thousand rupees which may extend to one lakh rupees or
with both; and in the case of a continuing contravention with a further fine which
may in the case of contravention of section 5G extend to five hundred rupees; and
in any other case, to three hundred rupees per day, during which the contravention
is continued after the first conviction.]

Penalty for
contraven-
tion of
section 6.

Penalty for
contraven-
tion of
provisions
relating to
E-trading.

47.

If the outgoing Chairman or Vice-Chairman to whom a direction has been
issued under sub-section (2) of section 26 does not, except for reasons beyond his
control, comply with such direction, he shall, on conviction, be punished with simple
imprisonment for a term which may extend to one month or with fine which may
extend to five hundred rupees, or with both.

Penalty for
not comply-
ing with
directions
under
section 26(2).

48. Whoever in contravention of the provisions of section 39 makes or recov-
ers any trade allowance shall, on conviction, be punished with imprisonment for a
term which  may extend to three  months or with  fine which may extend  to five
hundred rupees or with both.

49. Whoever obstructs any officer in carrying out the inspection of accounts
or holding an inquiry into the officeses of a Committee or fails to obey any order
made under clause (a), (c), (d), or (e) of section 40 shall, on conviction, be punished
with fine which may extend to two hundred rupees for every day during which the
offence continues.

50.

If any officer, servant or member of a Market Committee, when required
to furnish information in regard to the affairs or proceedings of a Market Committee
under section 40 or section 43––

(a) wilfully neglects or refuses to furnish any information, or
(b) wilfully furnishes false information,

he shall, on conviction, be punished with fine which may extend to five hundred

rupees.

Penalty for
making or
recovering
trade
allowance.
Penalty for
failure to
obey  order
under
section 40.

Penalty for
contraven-
ing
provisions
of  section
40 or 43.

51. Whoever in contravention of the provisions of section 42 obstructs any
person in seizing or taking possession of any books, records, funds and property of
the Market Committee or fails to give delivery thereof to such person shall, on
conviction, be punished with fine which may extend to two hundred rupees.

Penalty for
contraven-
tion of
section 42.

1 These  words  were  substituted  for  the  words  “five  hundred  rupees”  by  Mah.  11  of  2003, s. 19.
2 Section  46A  was  inserted  by  Mah.  51  of  2018,  s.  5.

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

[1964 : Mah. XX

General
provisions
for punish-
ment of
offences.

Compound-
ing of
offence.

52. Whoever contravenes any provision of this Act or any rule or bye-law
thereunder shall, if no other penalty is provided for the offence, be punished with fine
which may extend to 1[five thousand rupees].

2[52A.

(1) The Market Committee may accept from any person who has
committed or is reasonably suspected of having committed an offence (other than
contravention of sections 6 and 7) against this Act or the rules or bye-laws made
thereunder by way of compounding of such offence––

(a) where the offence consists of the failure to pay or the evasion of any
fee or other amount recoverable under this Act or the rule or the bye-laws made
thereunder, in addition to the fee or other amount so recoverable, a sum of money
being not less than the amount of such fee or other amount and not more than
five times such amount of fee or other amount with a minimum of two hundred
and fifty rupees; and

(b)

in any other case, a sum of money not exceeding one thousand rupees.

3[(1A)] The Director may accept from any person who has committeed or is
reasonably suspected of having committed an offence in contravention of section 6
or the rules or bye-laws made thereunder a sum of money not exceeding rupees ten
thousand by way of compounding such offence. The amount so accepted shall be
credited with the Government Treasury. When an offence has been compounded, the
offender, if in the custody, shall be discharged and no further proceedings shall be
taken against him in respect of the offence compounded.]

(2) On the compounding of any offence under sub-section (1), no proceeding
shall be taken or continued against the person concerned in respect of such offence
and if any proceedings in respect of that offence have already been instituted against
him in any Court, the compounding shall have the effect of his acquittal.

Appeal.

52B.

(1) Save as otherwise provided elsewhere in this Act, any person
aggrieved by a decision taken or order passed under any of the provisions of this Act
may prefer an appeal––

(a)

to the Director where such decision is taken or order is passed by the
Market Committee, its Chairman, Vice-Chairman, Secretary or any other officer
empowered to exercise the powers of the Director,

(b)

to the State Government, where such decision is taken or order is

passed by the Director.

(2) An appeal under sub-section (1) shall be made within a period of thirty

days from the date of the decision or order appealed against.

(3) The order passed in the appeal by the Director or the State Government

as the case may be shall be final.]

1 These  words  were  substituted  for  the  words  “two  hundred  rupees”  by  Mah.  11  of  2003, s. 20.
2 Sections  52A  and  52B  were  inserted  by  Mah.  27  of  1987,  s.  29.
3 This  sub-section  was  inserted  by  Mah.  11  of  2003,  s.  21.

63

1964 : Mah. XX]

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

CHAPTER X

MISCELLANEOUS

53. Every member of a Market Committee shall be personally liable for the
wilful misapplication of any funds to which he had been a party or which has hap-
pened through, or has been facilitated by gross neglect of his duty as a member, and
may be sued for the recovery of the monies so misapplied as if such monies had been
the property of the State Government :

Members to
be held
responsible
for misap-
plied funds.

Provided that, no member shall be personally liable in respect of any contract
or agreement made or for any expenses incurred by or on behalf of the Market
Committee, if the contract or agreement is made, or the expenses are incurred in
good faith and in the due discharge of his duties; and the Market Fund shall be liable
for, and be charged with all costs in respect of any contract or agreement and all such
expenses.

54. The Chairman, the Vice-Chairman, the members, the Secretary and other
officers and servants of a Market shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code.

XLV of
1860.

55.

(1) No suit shall be instituted against any Market Committee or any
member, officer or servant thereof or any person acting under the direction of any
such Market Committee member, officer or servant for anything done or purported
to be done, in good faith as such member, officer or servant under this Act, until the
expiration of two months next after notice in writing, stating the cause of action, the
name and place of abode of the intending plaintiff and the relief which he claims, has
been in the case of Market Committee, delivered or left at its office, and in case of
any such member, officer, servant or person as aforesaid, delivered to him or left at
his officer or usual place of residence, and the plaint shall contain a statement that
such notice has been so delivered or left.

(2) Every such suit shall be dismissed unless it is instituted within six months

from the date of the accrual of the alleged cause of action.

Chairman,
Vice-
Chairman,
members,
Secretary
and
servants  of
Market
Committee
to be public
servants.

Bar of suit
in absence
of notice.

(3) Nothing in this section shall be deemed to apply to any suit instituted under

section 54 of the *Specific Relief Act, 1877.

1 of
1877.

56.

(1) No offence under this Act, or any rule or bye-law made thereunder
shall be tried by a Court other than that of a Presidency Magistrate or a Magistrate
of the First Class or a Magistrate of the Second Class specially empowered in this
behalf.

Trial of
offence.

*

See  now  the  Specific  Relief  Act,  1963  (47  of  1963).

Recovery
of sums
due to
Govern-
ment or
Market
Committee.

64

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

[1964 : Mah. XX

(2) No prosecution under this Act shall be instituted except by the Director
or any officer authorised by him in that behalf or by the Secretary or any other person
duly authorised by the Market Committee in that behalf.

(3) No Court shall take cognizance of any offence under this Act or any rule
or order made thereunder, unless complaint thereof is made within six months from
the date on which the alleged commission of the offence came to the knowledge of
the officer or person referred to in sub-section (2).

57.

(1) Every sum due from a Market Committee to the State Government
1[or the State Marketing Board] shall be recoverable as an arrear of land revenue.

(2) Any sum due to a Market Committee on account of any charge, costs,
expenses, fees, rent or on any other account under the provisions of this Act or any
rule or bye-law made thereunder 2[or any sum due to an agriculturist for 3[any
agricultural produce] sold by him in the market area which is not paid to him 4[as
provided by or under this Act] shall be recoverable from the persons from whom
such sum is due, in the same manner as an arrear of land revenue.

(3)

If any question arises whether a sum is due to the Market Committee 5[or
any agriculturist within the meaning of sub-section (2),] it shall be referred to a
Tribunal constituted for the purpose which shall after making such enquiry as it may
deem  fit,  and  after  giving  to  the  person  from  whom  it  is  alleged  to  be  due  an
opportunity of being heard, decide the question; and the decision of the Tribunal shall
be final and shall not be called in question in any court or other authority.

6[(4) The State Government may constitute one or more Tribunals consisting

of the Collector who has jurisdiction over the market area :

Provided that, the State Government may, if in its opinion it is necessary so to
do in any case constitute a Tribunal consisting of one person other than the Collector
(possessing the prescribed qualifications) who is not connected with the market
Committee or with the person from whom the sum is alleged to be due.]

7[(5) Except as otherwise directed by the Tribunal in the circumstances of any
case, the expenses of the Tribunal shall ordinarily be borne by the party against whom
a decision is given.]

1 These  words  were  inserted  by  Mah.  10  of  2008,  s.  7.

2 These  words  were  inserted  by  Mah.  32  of  1970,  s.  11  (a).

3 These words were subsituted for the words “declared agricultural produce” by Mah. 2 of 1972, s. 10 (1)(a).

4 These  words  were  substituted  for  the  words  “within  the  period  prescribed  in  that  behalf”  by  Mah.  2

of  1972,  s. 10 (1)(b).

5 These  words  were  inserted  by  Mah.  32  of  1970,  s.  11  (b).

6 Sub-section  (4)  was  substitued  for  the  original  sub-section  (4)  by  Mah.  32  of  1970,  s.  11  (c).

7 Sub-section  (5)  was  substitued  for  the  original  sub-section  (5)  by  Mah.  2  of  1972,  s.  10  (2).

65

1964 : Mah. XX]

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

58. The State Government may, by notification in the Official Gazette, and
subject to such conditions, if any, as it may think fit to impose, delegate all or any
of the powers conferred 1[upon it to the Director or any other officer or person; and
delegate any powers of the Director, to any other officer or person, specified in the
notification.]

Power of
State
Government
to delegate
powers.

59. The State Government may, by a general or special order, in the Official
Gazette, exempt any Market Committee or any class of persons from any of the
provisions of this Act or any rules made thereunder, or may direct that such provision
shall  apply  to  such  Market  Committee  or  to  such  class  of  persons  with  such
modifications not affecting the substance thereof as may be specified in that order :

Provided that, no order to the prejudice of any Market Committee shall be
passed without an opportunity being given to such Market Committee to represent
its case.

2[59A.

It shall be the duty of every local authority to give all the necessary
information in the possession of or under the control of its officers to the Market
Committee or to any officers of the Market Committee authorised by it in this behalf,
relating to the import and export of agricultural produce into and out of the area of
the local authority, free of any charges.

It  shall also  be  the  duty of  every  local authority  and  its  officers and  staff,
concerned with the collection of octroi, to give all the possible assistance to any
officer of the Market Committee in exercising his powers and discharging his duties
under this Act.

Power to
exempt
Market
Committee,
etc., from
provisions
of Act.

Duty of
local
authorities
to give
information
and
assistance
to Market
Committee.

59B.

It shall be the duty of every police officer to communicate, as soon as
may be, to the Market Committee, any information which he receives regarding any
attempt to commit or the commission of any offence against this Act or any rules or
bye-laws made thereunder and to assist the Secretary or any officer or servant of the
Market Committee demanding his aid in the exercise of his lawful authority.]

Duty of
Police
Officer.

60.

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

Rules.

make rules for carrying into effect the purposes of this Act.

(2)

In particular, but without prejudice to the generality of the foregoing

provision, the State Government may make rules,––

(a)

under section 4, for prescribing the manner of holding an inquiry;

3[(a-1)

under section 5D, for prescribing the terms and conditions and
the manner of licensing, management, marketing, trading and any other matters,
relating to markets established under that section;]

1

2

3

These  words  were  substituted  for  the  words  “upon  it  or  on  the  Director  or  any  other  officer  or  person
specified  in  the  notification”  by  Mah.  32  of  1970,  s.  12.

Sections  59A  and  59B  were  inserted  by  Mah.  27  of  1987,  s.  30.

This  clause  was  inserted  by  Mah.  48  of  2005,  s.  12.

66

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

[1964 : Mah. XX

1[(a-2) under section 5E, for prescribing the officer with whom and the
manner  in  which  the  Contract  Farming  Sponsor  shall  register  himself,  for
prescribing the form of Contract Farming Agreement and the officer with whom
the  Contract  Farming  Sponsor  shall  get  such  agreement  recorded,  for
prescribing the settlement authority to whom the dispute arising out of any
Contract Farming Agreement shall be referred, and for prescribing the Appellate
Authority to whom the appeal against the decision of the settlement authority
shall be preferred;]
2[(a-3)

under section 5F, for prescribing the manner in which the State
Government or Government Agencies may establish and run E-trading platform
for trading in the agricultural produce;

(a-4)
(i)

under section 5G,-
for prescribing the form and manner along with fee, security or
bank guarantee and conditions for applying licences to establish and run
E-trading platform and for its renewal;

(ii)

for prescribing the infrastructure and services connected with

E-trading which shall be provided for the purposes of E-trading;

(a-5)

under  section  5H,  for  prescribing  the  form  and  manner  for
integration of licence holder to link to E-platform of the Government of India;
(a-6) under section 5J, for prescribing the manner of making payment to

the seller traded on E-trading platform and maintenance of accounts;]

(b) under section 7, subject to which licences may be granted, renewed or
refused;  and  for  prescribing  the  form,  period  and  the  terms,  conditions  and
restrictions (including provision for prohibiting brokers and commission agents
from acting in any transaction both as a buyer or seller or on behalf of both the
buyer and seller, and for prescribing the manner in which and the places at which
auction  of  agricultural  produce  shall  be  conducted  and  the  bids  made  and
accepted and the places at which weighment and delivery of agricultural produce
shall be made in any market or market area) and the maximum fees for licences;
under  section  7,  under  sub-section  (4),  for  prescribing  the
authority who shall grant certificate of registration for trading on Electronic
trading platform, the form of online application for obtaining such certificate of
registration, the form of certificate of registration;]

3[(b-1)

(c)

under section 10, for 4[prescribing the number and qualifications of
persons] of the Board, the manner in which it shall be constituted and shall conduct
the business for settling disputes (including provision for appointment of arbitrators,
payment of fees and appeal, 5[for consulting technical persons, for laboratory
analysis] as provided by that section);

 6[(c-1) under section 12, for prescribing the guidelines for classification

of the Market Committees;]

(d) under section 14, for prescribing the manner in which members may be

elected including all matters referred to in that section;

(e) under section 20, prescribing the period for which a Chairman or a Vice-

Chairman shall hold office;

 7[(e-1) under section 21A, for prescribing the limit of the total amount
of honorarium to be paid to the Chairman and Vice-Chairman of the Market
Committee;]

1 This  clause  was  inserted  by  Mah.  25  of  2006,  s.  4.
2 These  clauses  were  inserted  by  Mah.  51  of  2018,  s.  6  (a).
3 This  clause  was  inserted  by  Mah.  51  of  2018,  s.  6  (b).
4 These  words  were  substituted  for  the  words  “prescribing  the  number  of  members”  by  Mah.  39  of  1973,

s.  3  (1).

5 These  words  were  inserted  by  Mah.  39  of  1973,  s.  3  (2).
6 This  clause  was  inserted  by  Mah.  11  of  2003,  s.  22  (a).
7 This  clause  was  inserted  by  Mah.  10  of  1984,  s.  10  (a).

67

1964 : Mah. XX]

Maharashtra Agricultural  Produce  Marketing
(Development  and  Regulation)  Act,  1963.
1[(e-2) under section 27A, for prescribing the other business which may

be transacted in the general meeting of the Market Committee;]

( f )

under section 29, sub-section (2), under clause (j), for prescribing
grading  and  standardisation  of  agricultural  produce  and  under  clause  (l)  for
prescribing other duties to be performed by Market Committee;

(g)
be made;

under section 34, prescribing the time within which an appeal shall

(h)

under  sub-section  (3)  of  section  35,  subject  to  which  the  powers

conferred by that section on a Market Committee shall be exercised;

(i) under section 36, for prescribing the manner in which the amount to the

credit of a Market Fund shall be kept or invested;

( j) under section 37, prescribing other functions of a Market Committee;

(k)

under section 38, for matters referred to in that section;

  2[(k-1)

under section 39M, for prescribing the conditions subject to

which the State Marketing Board shall have power to borrow;]

(l) under section 57, under sub-section (4), prescribing the qualifications of

a person who shall constitute a Tribunal under that section;

(m)

for the periodical inspection of all weights and measures and weighing

and measuring instruments in use in a market area;

(n)

prescribing the manner of control and supervision to be exercised by
the Market Committee over Inspectors appointed under the Bombay Weights and
Measures (Enforcement) Act, 1958;

(o)

for storing any agricultural produce brought into the market area;

(p)

for preparing plans and estimates for works proposed to be constructed
partly  or  wholy  at  the  expenses  of  the  Market  Committee,  and  the  grant  of
sanction to such plans and estimates;

(q)

for  the manner  in  which the  enquiry and  inspection  of the  Market

Committee shall be held;

(r)

prescribing  the  persons  by  whom  and the  form  in  which  copies  of
documents or entries in the books of the Market Committee, may be certified and
the fees to be charged for the supply of such copies;

1 This  clause  was  inserted  by  Mah.  11  of  2003,  s.  22  (b).
2 This  clause  was  inserted  by  Mah.  10  of  1984,  s.  10  (b).

Bom. LXIX
of  1958.

68

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

[1964 : Mah. XX

(s)

for the keeping of a list of prices of agricultural produce in respect of

which the Market Committee is established;

(t)

prescribing the matters in respect of which a Market Committee may
make or the Director may direct the Market Committee to make bye-laws and the
procedure  to  be  followed  in  making,  altering  and  abrogating  bye-laws  and  the
conditions to be satisfied prior to such making, alteration or abrogation;

1[(u)

for any other matter which is to be or may be prescribed.]

(3) The rules to be made under this section shall be subject to the condition

of previous publication.

2[(3A) Any rule made under this section may provide that if any purchaser
fails to make the payment forthwith as required by sub-section (6) of section 30A,
he shall be liable to pay interest from the date of sale to the date of payment at such
rate as may be provided in such rule, such rate not being in excess of the maximum
rate of interest fixed for unsecured loans under the * Bombay Money-lenders Act,
1946. If no payment is made within 30 days from the date on which the agricultural
produce is sold, it shall be recoverable by the Market Committee from the purchaser
under section 57.]

(4) Every rule made under this section shall be laid, as soon as may be after
if is made, before each House of the State Legislature while it is in session for a total
period of thirty days which may be comprised in one session or in two successive
sessions and if, before the expiry of the session, in which it is so laid or the session
immediately following, both Houses agree in making modification in the rule or both
Houses  agree that  the rule  should  not be  made, the  rule  shall from  the date  of
publication of a notification in the Official Gazette of such decision have effect only
in such modified form or be of no effect, as the case may be; so however that any
such modification or annulment shall be without prejudice to the validity of anything
previously done or ommitted to be done under that rule.

Bom. XXXI
of 1947.

Bye-laws.

61.

(1) Subject to any rules made by the State Government under section
60 and with the previous sanction of the Director or any other officer specially
empowered in this behalf by the State Government, the Market Committee may in
respect of the market area under its management make bye-laws for determining the
quantity of agricultural produce for the purpose of its retail sale for the regulation of
the business (including meeting, quorum and procedure of the Market Committee),
and the conditions of trading in the market area, including provision for refund of any
fees levied under this Act.

1 Clause  (u)  was  added  by  Mah.  2  of  1972,  s.  11  (1).
2 Sub-section  (3A)  was  inserted  by  Mah.  2  of  1972,  s.  11  (2).
* Repealed  by  the  Maharashtra  Money-Landing  (Regulation)  Act,  2014  (Mah.  VIII  of  2014)  by  s.  56  (1).

69

1964 : Mah. XX]

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

(2) Any bye-law made under this section may provide that any contravention
thereof shall, on conviction, be punished with fine which may extend to one hundred
rupees.

1[61A.

(1)

If it appears to the Director that it is necessary or expedient in
the interest of a market or Market Committee to make any bye-law or to amend any
bye-law, he may, by order, require the Market Committee concerned to make the
bye-law or to amend the bye-law within such time as he may specify in such order.

(2)

If the Market Committee fails to make such bye-law or such amendment
of the bye-law within the time specified, the Director may, after giving the Market
Committee a resonable opportunity of being heard, by an order, make such bye-law
or such amendment of the bye-law and thereupon subject to any order under sub-
section (3), such bye-law or such amendment of the bye-law shall be deemed to
have been  made or  amended by  the Market  Committee in  accordance with  the
provisions of this Act or the rules made thereunder and thereupon such bye-law or
amendment of bye-law shall be binding on the Market Committee and all concerned.

(3) An appeal shall lie to the State Government from any order of the Director
under sub-section (2) within thirty days from the date of such order and the decision
of the State Government on such appeal shall be final.]

62. The  State  Government  may  after  consulting  the  Market  Committee
concerned by notification in the Official Gazette, add to, amend or cancel any of
the items of agricultural produce specified in the Schedule.

Bom. IV of
1862.

63. Nothing contained in the Markets and Fairs Act, 1862, or in any law for
the time being in force relating to the establishment, maintenance or regulation of a
market shall apply to any market area or any market therein or affect in any way the
powers of a Market Committee or the right of a holder of a licence granted under
this Act.

Powers of
Director to
direct
making or
amending
bye-laws.

Power of
State
Government
to amend
Schedule.

Savings.

Bom. XXII
of 1939.
C. P.
and Berar
IX of 1932.
C. P. and
Berar
XXIX of
1935.
Hyd. II of
1939F.

64.

(1) On the commencement of this Act, the Bombay Agricultural Pro-
duce Market Act, 1939, the Central Provinces and Berar Cotton Market Act, 1932,
the Central Provinces and Berar Agricultural Produce Market Act, 1935 and the
Hyderabad Agricultural Market Act, 1939 Fasli, shall stand repealed :

Repeal and
savings.

Provided that, the repeal shall not affect the previous operation of any enact-
ment so repealed and anything done or action taken (including andy appointment,
delegation or declaration made, notification, order, rule, directions or notice issued,
bye-law framed, Market Committees established, licences granted, fees levied and
collected, instruments executed, any fund established or constituted) by or under the
provisions of any such enactment 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 correspond-
ing provisions of this Act, and shall continue in force unless and until superseded by
anything done or any action taken under this Act.

1 Section  61A  was  inserted  by  Mah.  27  of  1987,  s.  31.

70

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

[1964 : Mah. XX

(2) Accordingly, any area or place declared to be a market area or any place
or market declared to be a market under any enactment so repealed shall, on the
commencement of this Act, be deemed to be the market area or market declared
under this Act, the Market Committee established or constituted for the said market
area or market and functioning immediately prior to such commencement shall be
deemed, notwithstanding anything contained in this Act, to be the Market Committee
constituted under this Act, for such market area, and where it is so declared or
notified also for the agricultural produce specified in the declaration or notification
and all the members of such Committees shall be deemed to be members nominated
by the State Government under sub-section (2) of section 13.

(3) Any reference to any enactment repealed as aforesaid or to any provisions
thereof or to any officer, authority or person entrusted with any functions thereunder,
in any law for the time being in force or in any instrument or document shall be
construed, where necessary, as a reference to this Act or its relevant provisions or
person functioning under this Act, and the corresponding officer, authority or person,
as the case may be, shall have and exercise the functions under such law, instrument
or document.

(4) The mention of particular matters in this section shall not affect the general
 Bombay General Clauses Act, 1904

application to this Act of section 7 of the 
(which relates to the effect of repeals).

Bom. I of
1904.

Bom. XXII
of 1939.

Power to
State
Govern-
ment to
transfer
assets,  etc.
in cases of
Market
Committees
constituted
for ex-
cluded
areas under
Bom. XXII
of 1939.

Removal of
difficulties.

65. Where before the commencement of this Act, any area comprised in any
market area was excluded from such market area under section 4 of the Bombay
Agricultural Produce Market Act, 1939 and the area so excluded was declared as
a separate market area under the said section 4 and a separate Market Committee
was constituted  therefor, and  both the  Market Committee  continue to  function
immediately after such commencement and the assets, rights and liabilities of the
separate Market Committee are not yet determined, then the State Government
may, by notification in the Official Gazette, after consulting the Market Committee
concerned, provide for the transfer of the assets, rights and liabilities of the Market
Committee in relation to the area so excluded (including the rights and liabilities under
any contract made by it) to the separate Market Committee on such terms and
conditions as may be specified in such notification.

66.

If any difficulty arises in giving effect to the provisions of this Act, the State
Government may as occasion requires, by order do anything which appears to it to
be necessary for the purpose of removing the difficulty.

 The  short  title  of  the  Act  has  been  amended  as  “the  Maharashtra  General  Clauses  Act”  by  Mah.  24  of

2012,  sections  2  and  3,  Schedule,  entry  11,  w.  e.  f.  1st  May  1960.

71

1964 : Mah. XX]

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

SCHEDULE

[See section 2 (1) (a) and section 62]

I. Fibres––

III. Pulses––

1. Cotton (ginned and unginned).
2. Sanhemp.

II. Cereals––

1. Wheat (husked and unhusked).
paddy (husked and unhusked).
2.
3.
Jowar.
4. Bajri.
5. Nagli.
6. Vari.
7. Kodra.
8. Maize.
9. Sarsav.
10. Bavto.
11. Barley.
12. Banti.
13. Chino.
14. Navani.
15. Savi.
5[16. Tamarind seed.]

1. Tur.
2. Gram.
3. Udid.
4. Mung.
5. Val.
6. Chola.
7. Lang.
8. Math.
9. Peas.
10. Kulthi.
7[11. * * *]
12. Masur.
13. Ghevda beans.
8[14. Splites (Dal) of Pulses].

IV. Oilseeds––

1. Groundnut

(shelled and unshelled).

2. Linseed.
3. Sesamum.
4. Safflower.
5. Ambadi.
6. Coconut.
7. Cotton seed.
5[7A. Sunflower seed.]
8. Castor seed.
9. Khursani.
10. Nigar seed.
11. Thymol (Ajwan seed).
12. Dilseeds (Shepa).
5[13. Neems and Neem seed.]
6[14. Soyabeen].

V. Narcotics––

1. Tobacco.

72

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

[1964 : Mah. XX

VI. Gul,  8[Sugar]  and  Sugarcane

IX. Animal Husbandary Products––

VII. Fruits––

1. Mango.
2. Mosambi.
3. Santra.
4. Lemon.
9[5. * * *]
6. Grapes.
7. Pomegranate.
8. Fig.
9. Chickoo.
10. Straberry.
11. Melons.
12. Water Melon.
13. Papaya.
14. Guava.
15. Bor.
16. Falsa.
17. Custard Apple.
3[18. Grapes Fruits.]
19. Apple.
20. Pineapple.
Jam.
21.
22. Plum.
23. Peach.
24. Pears.
25. Leechi.
26. Almond.
27.
28. Naspati.
29. Cherry.]

Jack Fruit.

VIII. Vegetables––

1. Eggs.
2. Poultry.
3. Cattle.
4. Sheep.
5. Goat.
6. Wool.
5[7.
8.
9.
10. Hides and skins.
8[11. Ghee.]

* * *
* * *

* * *

X. Condiments,  spices  and  others––

1. Turmeric.
2. Ginger.
3. Garlic.
4. Corriander.
5. Chillies.
6. Cardamom and pepper.
7. Variali.
8. Betelnuts.
9. Betel leaves.
10. Cashewnuts.
11. Cummin (Jiru).
12. Rai (mustard).
13. Methi.
5[14.
15.
16.
17. Gum.
18. Tamarind.

* * * *
* * * *]

* * * *

1. Potato.
2. Onion.
3. Tomato.
4. Suran.
1[5. Leafy and other vegetables.]
6. Yam potatoes.
7. Sweet potatoes.
8. Kochara.

XI. Grass and  fodder––

XII. Cattle feeds––

1. Guwar.
2. Punvad.

XIII. Apiculture ––

5[1. * * * *]

73

1964 : Mah. XX]

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

XIV. Pisciculture––

6[1. Fish and other

acquatic product.]

5[XVI. Other––

Flowers.]

8[XVII. Wheat flour.

XV. Forest produce––

XVIII. Dry fruits.

XIX. Edible oils.].

1. Hilda.

2. Gum.
4[3. * * *]

4. Lac.
2[5. Bamboo.

6. Fire wood].

1

2

3

4

5

6

7

8

9

Entry  (5)  in  Item  VIII  was  substituted  by  G.  N.  and  C.  D.,  No.  APM  2775/33256/11-C,  dated  the  23rd

June  1977.

Entries  (5)  and  (6)  in  Item  XV  were  cancelled  by  G.  N.,  A  and  C.  D.  No.  APM  2076/27726/6-C,  dated
the  31st  August  1977  and  were  again  added  by  G.  N.,  C.  and  T.  D.,  No.  KRUBAS  1993/254/CR-31/
11-C,  dated  the  6th  February  1995.

Entries  (18)  to  (29)  in  Item  VII  were  added  by  G.  N.,  A  and  C.  D.  No.  APM  2077/28295/11-C,  dated

the  6th  April  1979.

Entry  (3)  in  Item  XV  was  cancelled  by  G.  N.  A.  and  C.  D.,  No.  APM  2078/31420  (3484)/  11-C,  dated

18th  December  1979.

(The  word  “sugar”  was  deleted  from  Item  VII.)  Entries  (7),  (8)  and  (9)  in  Item  IX  entries  (14),  (15)  and
(16)  in  Item  X  and  entry  (1)  in  Item  XIII  were  deleted  and  entries  (7A)  and  (13)  in  Item  IV,  entry  (1)
in  Item  XVI  and  entry  (16)  in  Item  II  were  added  by  G.  N.  A.  and  C.  D.,  No.  APM  2080/26277/413/
11-C,  dated  the  13th  April  1982.

Entry  (14)  in  Item  IV  was  added  and  entry  (1)  in  Item  XIV  was  substituted  by  G.  N.  A.  and  C.  D.,
No.  APM  2083/50932/537/11-C,  dated  the  9th  May  1984.

Entry  (11)  in  Item  III  was  deleted  by  G.  N.,  A.  and  C.  D.,  No.  APM  1482/48629/11-C,  dated  the

31st  May  1984.

Entry  (14)  in  Item  III,  entry  (11)  in  Item  IX,  Items  XVII,  XVIII  and  XIX  were  added  and  the  word
“Sugar”  in  Item  VI  was  inserted  by  G.  N.,  A  and  C.  D.,  No.  APM  1384/3159/369/11-C,  dated  the
25th  September  1987.

Entry  (5)  in  Item  VII  was  deleted  by  G.  N.,  C.  and  T.  D.,  No.  APM  1094/7717/371/11-C,  dated  the
14th  March  1996.

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G.  P.  Wai–40  Pages  4060  Bks.–12-2018–H-93

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