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MODEL BYE LAWS FOR APMCs

(A) Definition 1. Name of the Market Committee: According to the provision of Maharashtra Agricultural Produce

Marketing (Development & regulations) Act, 1963; name of the Market Committee is : ------------------------------------------------ and the registered address of the office of Market Committee is --------------------------------------------------------.

2. Definition : i) Director :- Director means Director of Marketing, Maharashtra State ii) Act :- Act means Maharashtra Agricultural Produce Marketing

(Development & regulations) Act, 1963. iii) Rules :-

Rules mean Maharashtra Agricultural Produce Marketing (Development & regulations) Rules , 1967.

iv) Byelaws :- Byelaws mean the Byelaws of Agricultural Produce Marketing

Committee. v) Market Area :- Market area means the notified area of operation of the

market committee in which the Agriculture Marketing activities are regulated by the said market committee.

vi) Main Market :- Main market means main market as per the provisions of Section 5

as declared of the Act. Name of the main Market : -------------------------------------------, and area of the main market yard : ---------------- hectare ----------------- R. and the address/ addresses of the main

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market is/are----------------------------------------------------------------------------------------------------

vii) Sub market :- Sub market means the market as declared as per the provision

section 5 of the Act. Name of the Sub Market : ----------------------------------------------- and area of the Secondary / Sub market : ---------------- hectare --------------- R. and the address/ addresses of the Sub market is/are------------------------------------------------------------------------------------------------------.

viii) Market fees :- Market fees means the fees fixed as per the provision of section 31 of the Act.

ix) Supervision fee :- Supervision fee means the fees fixed as per the provision of section 34(A) of the Act.

x) Contribution :- Contribution means an amount of contribution to be given to Maharashtra State Agricultural Marketing Board as per the provisions of section 37 (2) of the Act.

xi) Sub committee :- Sub committees are established as per the provision section 30 of Maharashtra Agricultural Produce Marketing (Development & regulations) Act, 1963.

The definitions of the various words and terminologies given in Maharashtra Agricultural Produce Marketing (Development & regulations) Act, 1963 and the Rules there under shall be applicable to the words and terminologies in these bylaws.

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(B) License 3) Application for demand of new license :-

A) A person who desires to obtain a license from the Market Committee, according to the provisions 6 & 7 of the Act, should make an application in the formats given in Appendix 1 to 9. (A letter of guarantee should be given on a stamp paper as stipulated by the Stamp Act). B) Market Committee shall be bound to keep all the information/data about the applications for licenses, licenses granted duly computerised for exercising proper control of the same.

4) Eligibility for new licensee :- A) Eligibility for traders to obtain fresh license

1) Trader who wishes to a obtain license should be a major person. He should not be a bankrupt or a lunatic. He should be a capable to enter into contract as per the provisions of Indian Contract Act.

2) A certificate about good character given by either a Special Executive Magistrate, a Gazetted Govt. officer, a Corporater, a Gram Panchayat Sarpanch or a member of market committee should be attached.

3) A certificate of Bank Guarantee, solvency certificate and evidence of cash security should be furnished as per the Appendix given. In case of loss to the seller of agriculture produce because of wrong deeds by the trader and or for not making payment of the produce purchased by him to the seller the bank guarantee shall be revoked to the extent of amount in question and the said loss to the seller/payment of produce to the seller shall be made by APMC.

4) A declaration about possessing weights & measures as given below. i) Certified weights & measures which can measure 100 kg of weight at one time. ii) All weights & measures from 1 gm to 100 kg.

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iii) Certified weights and measures for measuring liquids products. B) Eligibility for obtaining fresh license for a commission agent/ Broker :-

1) A Commission agent/Broker who wishes to obtain a fresh license should be a major person. He should not be bankrupt or lunatic. He should be a capable to enter into contract as per the provisions of Indian Contract Act.

2) A certificate about good character given by either a Special Executive Magistrate, a Gazetted Govt. officer, a Corporater, a Gram Panchayat Sarpanch or a member of market committee. should be attached.

3) A certificate of Bank Guarantee, solvency certificate and evidence of cash security should be furnished as per the Appendix given. In case of loss to the seller of agriculture produce because of wrong deeds by the commission agent/Broker and or for not making payment of the produce purchased by him to the seller the bank guarantee shall be revoked to the extent of amount in question and the said loss to the seller/payment of produce to the seller shall be made by APMC.

4) A shop/permanent structure in the market yard, duly authorized by APMC. (This is not required for License of Broker).

C) Eligibility for obtaining fresh license for a Processor :- 1) A processor who wishes to obtain a fresh license should be a major

person. He should not be bankrupt or lunatic. He should be a capable to enter into contract as per the provisions of Indian Contract Act.

2) A certificate about good character given by either a Special Executive Magistrate, a Gazetted Govt. officer, a Corporater a Gram Panchayat Sarpanch or member of market committee should be attached.

3) He should give a declaration that he has a processing project. 4) A certificate of Bank Guarantee, solvency certificate evidence of

cash security should be furnished as per the Appendix given. In case of loss to the seller of agriculture produce because of wrong

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deeds by the Processor and or for not making payment of the produce purchased/processed by him to the seller the bank guarantee shall be revoked to the extent of amount in question and the said loss to the seller/payment of produce to the seller shall be made by APMC.

5) A declaration letter about possessing weights & measures as given below. i) certified weights & measures which can measure 100 kg of weight at one time. ii) All weights & measures which can weight from 1 gm to 100 kg. iii) Certified weight and measures for measuring liquid products.

D) Eligibility for obtaining fresh license for a Weighman :- 1) A weighman who wishes to obtain fresh license should be a major

person. He should not be bankrupt or lunatic. He should be capable to enter into contract as per the provisions of Indian Contracts Act.

2) A certificate about good character given by either a Special Executive Magistrate, a Gazetted Govt. officer, a Corporater, a Gram Panchayat Sarpanch or member of market committee should be attached.

3) He should not be in either part time/ full time service of anybody. 4) An applicant should not be from the family of trader or any

commission agent or purchaser holding license of market committee.

5) A Certificate of physical fitness should be attached. E) Eligibility for obtaining fresh license for a Warehouse-man :-

1) A warehouseman who wishes to obtain fresh license should a major person. He should not be bankrupt or lunatic. He should be capable to enter into contract as per provisions of Indian Contract Act.

2) A certificate about good character given either by a Special Executive Magistrate, a Gazetted Govt. officer, a Corporater or Gram Panchayat Sarpanch or member of market committee should be attached.

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3) A license as per Ware house Act and permission to operate cold storage if he has cold storage .

4) A certificate of Bank Guarantee, solvency certificate or evidence of cash security should be furnished as per the Appendix given. In case of loss to the owner of produce pledging produce in warehouse due to wrong deeds of warehouseman, the bank guarantee to the extent of loss shall be revoked and payment shall be made to make good the loss to the owner of the produce, by APMC.

G) Eligibility for obtaining fresh license as a Porter:- (Hamal) 1) A Porter who wishes to obtain license should be a major person. He

should not be bankrupt or lunatic. He should be a capable to enter into contract as per the provisions of Indian Contracts Act.

2) A certificate about good character given either by Special Executive Magistrate, Gazetted Govt. officer, Corporater or Gram Panchayat Sarpanch or member of market committee should be attached.

3) A Certificate of physical fitness should be attached. H) Eligibility for obtaining fresh license for an Assistant:-

1) An assistant who wishes to obtain license should be a major person. He should not be bankrupt or lunatic. He should be a capable to enter into contract as per the provisions of Indian Contracts Act.

2) A certificate about good character given either by a Special Executive Magistrate, a Gazetted Govt. officer, a Corporater, a Gram Panchayat Sarpanch or member of market committee should be attached.

3) He should have passed seventh std or an equivalent examination. Explanation: For eligibility for new license to traders, commission agents, processor and warehouseman “person” includes persons, partnership firm, company, co-operative society, trust, society registered under the relevant Act.

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5) Application for renewal of license:-

An application for renewal of license from Market Committee should be given before the end of every Feb. as per provision of Section 7 of the Act and in Appendix 10 to 12.

6) License fee :- An applicant while applying for license from Market Committee should

along with the application submit a license fee as stipulated by provisions of Section 6 & 7 of Maharashtra Agricultural Produce Marketing (Development & regulations) Act, 1963. The period of license shall be for the market year and fees shall be for the same one year.

i) Rates for license fees :- Sr.No Type of license Annual rates of

license fee ( Rs.) Rates for renewal of

license fee (Rs) 1 Trader 2 Commission Agent 3 Broker 4 Processor 5 Weighman 6 Warehouseman 7 Porter (hamal) 8 Assistant to Retailer / trader /

Commission Agent

9 Others ii) Refund of license fee :-

The license fee will be refunded to the applicant in the following cases- a) In case, after submitting the application for license and before it is sanctioned, if an applicant wishes to cancel it, he can give an application to the Market committee within 30 days of submitting his application for license. Or b) If the market committee rejects the application for license for some reason. Reasons for rejecting the application should be clearly

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informed to the applicant with proper justification, within a period of fifteen days from the date of decision.

7) Fulfillment of the clause of agreement and Guarantor:-

An applicant seeking license from Market Committee as per the provision of Rule 6 should submit a bank guarantee or solvency certificate or guarantee from independent third person of the amount prescribed below, with the application for license.

Sr. No.

Type of license Amount of guarantee Fresh license (Rs.) Renewal (Rs.)

1 Commission Agent

5,00,000 10% of the preceding year’s turnover or Rs. 5 lakhs

whichever is more. 2 Trader 5,00,000 -- as above -- 3 Broker/Dalal 1,00,000 1,00,000.00

As per appendix No. -------- if the guarantee is in the form of guarantee

given by third person, the guarantee should be accompanied by the guarantee fee of proper amount as per the relevant law in force.

A single person is entitled to give a third person guarantee to no more

than three license holders. After the Market committee has sanctioned license as per provision Rule

6 & 7 and has communicated this to the applicant, according to appendix of these byelaws, no license shall be issued unless the applicant submits a stamped agreement, at his own cost . However for renewal of license such a stamped agreement need not be submitted again and the agreement submitted earlier would be considered valid.

8) Issuing of license/ Renewal of license:- The Market Committee should issue a license within 30 days after the

applicant has submitted his application in prescribed form. Similarly the

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Market Committee should take a decision on renewal of license within 30 days after the applicant has submitted his application in prescribed form.

9) Giving a second copy of license :- If a licensee wishes to have a second copy of the license, he must apply to

the Market Committee stating reasons for the same. The Market Committee should issue second copy of license within 15 days from the receipt of application along with the fee Rs. 100/- mentioning clearly on it as 'Second Copy’.

10) Refusal of license :- A Market Committee can reject an application for issue of new license or

for renewal of the license as per the Rule 6(4) or for any other reason. Unambiguous reasons for refusal should be given in writing to the applicant, within a period of fifteen days from the decision.

11) Suspension of license / cancellation:- License of a licensee can be suspended or cancelled for the reasons

contained in the provisions of Section 8 of the Act or for violating any of the provisions of the Rules or Byelaws of the Market Committee. Reasons for suspensions / cancellation of license should be given in writing to the applicant, within a period of fifteen days from the decision.

12) Issuing Identity card / token to the licensee :-

i) The Market Committee should issue free of charge, an Identity card / token to the licensee.

ii) In case, the licensee loses his Identity card / Token, the Market Committee will issue a duplicate card / token after the licensee submits two photographs of his own and an amount of Rs. 25/- to the Market Committee.

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iii) If the Market Committee has rejected an application for renewal of license or cancelled the license or the license is not renewed, it will be binding on the licensee to return the card / token back to the Market Committee. If a person fails to return the card / token back to the Market Committee he will be liable to punishment.

iv) I-card / Token shall not be transferable. v) It will be mandatory on the licensee to keep I-card / Token with him

while he is in the premises of market yard and also it will be mandatory on him to show this to the market authorities.

vi) It will be mandatory on the licensee to submit two photographs of his to the market committee, if he has not submitted the same to market committee earlier.

13. Documents to be maintained by the licensee:

1. It will be mandatory on the licensee to maintain documents and registers in the forms prescribed in the various appendices with this byelaws.

2. It will be mandatory on the licensee to furnish for inspection documents/ registers to the chairman or secretary or any other officer/employee of the market committee authorised in this behalf and they should be allowed to take inspection by allowing all the places of business of licensee.

3. According to the Provisions of byelaw 10(4) , the chairman, secretary, or any employee authorised by the market committee in this behalf shall have the following powers: a. To enter into any place of business of the licensee b. To demand and/or inspect any documents, registers of the licensee and if required, obtain a photocopy of the same. c. Powers to stop any vehicle and check and inspect goods and material contained in the vehicle entering or outgoing from the market area.

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14. Behaviour of the licensee:

1. No Business should be conducted in the market area by any license holder with any unauthorized person in respect of notified agricultural commodities.

2. For the purpose of byelaws 10(1) an authorized person means a person having license of the market committee and the sellers of the agricultural produce.

3. No commission agent or trader should employ or appoint or continue in service a weighman, surveyor and should not pay him a remuneration in monetary or any other form higher than fixed market charges.

4. Notwithstanding anything in the byelaws or contract between market committee and trader/commission agent, the market committee shall have the powers to withdraw / take back the shop, place or godown if one or more of the following situations come to the notice of the market committee. a. The holder of shop/place/godown is not a licensee. b. Within a period of 6 months of issuing the license or the grace

period extended by the market committee, if it is noticed that the shop/place/godown is not used for the purpose for which the license is given, or in case of misuse of the place is taking place.

c. Retaining the shop/place/godown, by violating any of the terms and conditions of the agreement

d. Any act on the part of the licensee which is harmful to the interests of the market committee and/or to the other market participants including sellers/farmers .

5. Weighman should not refuse to follow the set procedures stipulated by the market committee from time to time for weighing. a. a person desiring to apply for the license of weighman should be

within the age group of 18-30 years for general categories and 35 years for SC/ST applicant.

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b. a person desiring to apply for the license of weighman should have passed an examination of minimum 10th standard level.

c. a person desiring to apply for the license of weighman should submit xerox copies of certificates of his educational qualification and a certificate of good character duly given by a special executive magistrate, a gazetted government officer, a corporator or a grampanchayat sarpanch, along with his application.

d. the license of the weighman will not be renewed, if it is noticed that the work of the weighman is not satisfactory during the period of one year.

e. the maximum limit for renewal of license for the weighman will be 58 years.

f. The weighman should not hold any license of any other market committee and should not be in a part time or full time employment of any body. The market committee is empowered to cancel the license of the weighman, if the weighman is found violating this provision.

g. A licensed weighman of the market committee should not be a family member of a licensed commission agent / trader in the same market committee.

h. A licensed weighman of the market committee is not permitted to trade in the premises of the same market.

i. A licensed weighman of the market committee should work as per directions of officers of the market committee and at the place assigned by them and should submit a daily ‘weighment report’ to the office, after completion of weighment.

j. A licensed weighman of the market committee is not permitted to consume any alcoholic drinks while on duty.

k. A licensed weighman of the market committee should follow all the the rules and regulations laid down in Maharashtra Agriculture produce marketing (development and regulations) Act, 1963, and the Rules of 1967 under the Act and the byelaws of the Market Committee.

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l. A licensed weighman of the market committee is not permitted to go on strike without a 15 days prior notice.

m. The officers of the market committee are empowered to suspend/cancel a license of licensed weighman of the market committee if it is found that he has violated any of the above mentioned byelaws.

n. The market committee is fully empowered to decide the number of weighman required and to issue licenses to them.

o. If it is found by the market committee, that there is any misuse/illegal practices in the shops/public place developed by the market committee, the market committee is empowered to fine to the extent of Rs. 10,000/- or cancel the license.

6. The Commission agent / trader / processing agent /exporter /weighman/porter and other licensee to whom licenses are granted as per the provisions of Section 6(1) and rule 5 of the byelaws shall carry on business of agricultural marketing of notified commodities in the Main yard and Sub yards of the market committee.

7. Notwithstanding anything contained in any other byelaw of market committee, if it is observed that any licensee or any unauthorized person/ firm/ company is transporting the agricultural produce which is regulated; outside the main or sub yard of market committee in any vehicle with an intention to trade outside the market yards, the Market Committee Authorities are empowered to confiscate all the goods as well as the vehicle carrying the goods. The confiscated vehicle along with the goods are brought within the premises of main market or sub yard of market committee and only after the expenditure incurred in confiscation is paid by the commission agent /trader/the legal owner of the goods or the unauthorized person/ firm/ company transporting such goods will be allowed to sell the same produce within the premises of market committee only as per the provisions of law. If the concerned person fails to sell the goods within stipulated time, the market committee is empowered to sell the goods according the provisions of law.

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8. If it is observed by the market committee that any trader /firm/ company is indulging in unauthorized wholesale trade of regulated agriculture produce within the premises of market committee, the officers authorized by the market committee shall enter the godown, office or the place of trade of the concerned person and confiscate his papers/agricultural produce/ vehicle and give a receipt of such confiscation, as per the provisions of Section 32 (a) (3) and (4) of the Act.

9. If during a survey / inspection carried out as per byelaw no 5 & 6 , it is observed by the officers authorized by the market committee that the provisions of section 6 (1) have been violated, the authorized officer of market committee shall file a criminal case in the Court of Judicial Magistrate First Class as per provision of section 46 the person/ firm / company who has violated the Act.

10. According to section 59 (b) of the Act the police officers shall extend help to the person authorized by the market committee in stopping the vehicles, confiscating papers and imposing penal punishment.

11. If vehicle owner disobeys the authorized officers of the market committee and does not stop his vehicle or does not furnish his papers for inspection, he will be charged a fine of Rs. 100/- per day as per the provisions of Section 61(2), and the imposition of fine will continue till he submits his papers to the authorized officer and till then his vehicle would not be allowed to move from the place. For the proper execution of this provision, the police officers shall extend their help as provided Section 59(b).

15) Ban to trade in the marker premises No person shall be allowed to enter and trade (sell / purchase) regulated

agricultural goods within the market area without a valid a license. Direct market license holders, contract farming license are exempted from the same.

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(C) Fee 16) The fee rates for agricultural produce

1) The market committee has the powers to levy the market fee and supervision charges on the agricultural produce purchased in the Market Area. The market fee and supervision charges shall be payable by the purchaser. If the produce is traded through commission agent or through any other person the responsibility of recovery and payment of these charges to market committee will lie on commission agent or on such other person.

2) The supervision charges recovered should be remitted to government treasury before 15th of the following month and report should be sent to the concerned Registrar.

3) The rate of market fee and supervision charges shall be Rs. 1.00 and 5 paise respectively for Rs. 100 worth regulated agricultural produce traded.

4) If the unregulated produce is traded in market yard. Market Committee has the powers to recover services charges @ Rs. 1.00 per Rs. 100 worth produce traded in the market yard.

5) Market Committee shall have powers to decide the rates of service charges recoverable and recover the same on the produce traded in Direct Marketing if facilities are provided.

17. Recovery of Fees

1) It is binding on the traders, commission agents, purchasers, processors and exporters to remit the amount of market fee to the market committee on the produce trade in market area. In case of failure to do so, market committee has the powers to recover the fees and interest on the amount due @ 12% per annum with the fine.

2) Gate Pass fee for animals

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Large animals :- (cow, bullock, he buffalo, buffalo, donkey etc) Rs. 5/- per animal. Small Ruminants: - goat, sheep etc - Rs. 3/- per animal

18. Bill to be given by purchaser As mentioned in the appendix ----- of bye laws each commission agent

should give the purchaser a receipt/bill mentioning the quantity of agricultural produce purchased in the transaction and give a second copy of the receipt to the market committee. The receipt / bill should clearly mention the details of the purchaser quantity, price, amount, commission and other legal deductions if any.

19. Receipt of Account to be given to seller Each commission agent and if no commission agent is appointed then the

purchaser shall give receipt of account to the seller of the produce sold, in appendix ----- of these byelaws immediately after the weighment is done. The receipt / bill should clearly mention the details of the purchaser quantity, price, amount, commission and other legal deductions if any.

20. Sale receipt of live stock animals Sale receipt for live stock animals will be given as per appendix ---- of

bye laws. Such a receipt should be obtained by the purchaser from the authorised officer of market committee immediately after the purchase and for that he shall deposit the stipulated amount of attestation fee with the market committee.

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(D) Publicity of Market Prices, Sale, Weightment, Accounts and Stocks

21. Publicity of Market prices It is mandatory on the market committee to publish on the display board

at conspicuous places in market yard the prices of agricultural commodities of previous day and if possible of the prevailing day.

22. Recording entry of vehicles entering the market yard with agricultural produces.

The market committee shall adopt computerised recording of the entries

of all the vehicles entering in the market yard with agricultural produce, including bullock carts.

23. Receipt of the Agriculture Produce Commission agent or purchaser should give receipt of the agricultural

produce brought to his shop for sale, after note of the same is taken in the register, prescribed by the market committee in form number ---- given in the annexure.

24. Procedure of sale

1. It will be mandatory to sell agricultural goods including animals by open auction system. However market committee may introduce computerized auction system.

2. It will be mandatory on the market committee to take immediate action against the licensee in case if it finds that 'hatta system' is adopted any where.

3. In exceptional cases purchase of agricultural produce can be conducted through sample and by calling open offers by asking for tenders.

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4. If directed by Director market committee shall make arrangements to sale agricultural produce by Electronic auction and animals on the basis of body weight and milk yield and or make payment to seller through centralized payment system.

5. Before the start of such auction each commission agent should keep ready a purchase note in three copies as mentioned in the format of appendix ------ of byelaws.

6. Each commission agent should submit copies of purchase note to a person authorized by the market committee.

7. The market committee employee shall register the name of highest bidder and the highest bid amount/rate on the purchase note and take his signature.

8. After the end of each open auction, both the concerned highest bidder commission agent or his authorized assistant and the employee of market committee shall sign the purchase note and give a copy of it to the market committee and the licensed weighman for weighing purpose.

9. After the sale, the licensed weighman shall either weigh the goods first or shall weigh it after the purchase note as per the procedure decided by market committee and after that prepare a weighment note in the format as per appendix ----- of the byelaws.

10. In accordance with entries of weighment/purchase note, a bill and account note will be prepared and its copies will be given to concerned purchaser of market committee and owner of goods.

11. The market committee is responsible to ensure that the price of the agriculture produce sold in market committee is paid to the seller within 24 hours from the sale.

12. A commission agent cannot purchase goods for his own purpose. However at times when agricultural produce does not get a reasonable price and the seller wishes to immediately sell his produce, then in such case the commission agent by prior permission of the secretary can purchase the goods.

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13. Commission agent, traders shall not be allowed to use the bills or account note unless they are certified.

25. Direct Marketing A) Retail Sale

1. Retail selling means direct sale of the agricultural produce by the farmer to the consumer upto a maximum limit as mentioned below or by any person to a consumer for his own or for the consumption of his family.

2. Sale up to the limit of 10 kg. will be considered as retail sale, in case of the following items.

Sr. No

Name of Agricultural Product Sr. No

Name of Agricultural Product

1 Fruits, vegetables and perishable agricultural produce

2 Tamarind

3 Ginger 4 Garlic 5 Wet Onion 6 Spices 7 Dry fruits 8 Edible oil 9 Gum 10 Ghee 11 Sugar 12 Turmeric 13 Jaggery 14 Fresh Gram 15 Fresh groundnuts 16 Sugar cane 17 Fresh maize cobs 18 Fresh and dry chilly 19 Fresh Peas 20 Bettle leaves (1 Karandi) 21 Coconut 22 Coriander 23 Chilly

B. For the following mentioned items sale upto 50 kg. limit will be considered as retail sale.

Sr. No

Name of Agricultural Product

Sr. No

Name of Agricultural Product

1 Wheat 2 Jowar

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3 Bajara 4 Rice 5 Maize 6 Varai 7 Onion 8 Nagali 9 Kulith 10 Tur 11 Yellow Gram 12 Urid 13 Mug (Green Gram) 14 Wal 15 Gram 16 Peas 17 Masur 18 Kardai (safflower) 19 Jaggery 20 Ghevada 21 Jawas 22 Oilseeds 23 Ambadi 24 Cotton seed 25 Castor 26 Wheat and gram flour 27 Atta (flour ) 28

C. Flowers: 100 stems of Roses, Carnation, Gerbera, other exotic cut flowers & 10 kg of other flowers.

3) The seller will be allowed to sale his produce directly to the bulk consumers for their own consumption for which market committee will create necessary facilities/ infrastructure.

26. Units for market rates

Units for sale and purchase of notified/ regulated agricultural produce are given below.

A) Following agricultural products are expressed in unit- quintal Sr.No Name of Agricultural Product 1 Jaggery, turmeric, chilly, coriander , grass, fodder 2 Grapes, lemon, oranges, mangoes, bananas, tamarind, water melon 3 Bhusar , Oilseeds, Pulses 4 Flour, semolina , Maida 5 Cotton , cotton seeds

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B) Sr.No Name of Agricultural Product 1 Fruits, vegetable, tomato, fish, 2 Dry fruit, spices 3 Marigold, Mogra

C) Agricultural Produce measured in quality of 15 kg.

D) Agricultural Produce measured in units. Sr.No Name of Agricultural Product 1 Vegetables, lemon, coconut 2 Cattles, ship, goats, hen 3 Cut flowers - Gerbera, Carnations, Rose

27. Weights and measuring instruments:-

1) Every commission agent, Trader, warehouseman and processor should keep the following weights measuring instruments for use in market yard or market area. a. Weights and measuring instruments and material which can measure at

least one quintal weight at a time. b. Weights which can weigh from 1 gram to 100 kg. c. Instruments and material used for measuring liquids. d. To avoid delay and ensure accuracy in weighing, it would be

mandatory to use electronic weighing scales. 2) According to Bombay Weights and Measures (Enforcement) Act, 1908 it

is mandatory for license holders dealing with agriculture produce in market area to use authorized weights, measures and measuring instruments.

3) If the market committee makes arrangement of weigh bridge, then the committee will have the power of weighing and fixing the rates for it.

Sr.No Name of Agricultural Product 1 Oil, Ghee

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4) If the market committee makes an arrangement of instruments of weights and measures on weigh bridge, the committee will have the power of fixing its charges.

28. Market Charges :-

1) Market charges to be charged in market yard for the work done regarding transaction of agriculture produce by commission agents, traders, commission agents, weighmans, measurers, vatwani abhikarta, godown owners and other license holders shall be as follows: a. For weight based agriculture produce, charges till weighing are to be

paid by producer/seller, and charges after weighing are to be paid by the buyer.

b. For unit based agriculture produce, charges till counting are to be paid by producer / seller, and after counting by the buyer.

c. Hammals are required to be paid for loading, unloading, collection, filling, emptying, disposing, cleaning etc. of agriculture produce in market yard. Besides this weighman, measurer is to be paid for their work. Weighman should report to market committee after personally weighing the agriculture produce on designated weighing machines. If the commission agent / or purchaser has his/her own weighing machines, the commission agent / purchaser can weigh the goods by themselves.

d. Market charges include charges of commission agency, measurement, hamali, cleaning, stitching, sorting, collection, transportation to godown, grading, surveying, etc.

e. Market charges to be paid by farmer, seller and producers :

No. Name of commodity

Unit Market charges to be paid by farmer

Market charges to be paid by Buyer

Hamali Rate (Rs.)

Tolai/ Mapari

(Rs.)

Hamali Rate (Rs.)

Adat rate (Rs.)

1 Jaggery, Turmeric, chilly, coriander , Fodder, Hey

Quintal

2 Grapes, Quintal

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mosambi, santra, Mangoes, Bananas, Watermelons

3 Grains, Oilseeds, Pulses

Quintal

4 Atta, Rava, Maida

Quintal

5 Cotton, Cottonseed

Quintal

6 Tamarind, Green peas

Quintal

7 Fruits, Vegetables, Tomato, Red Pumpkin, fish

10 kg

8 Drt fruits , spices 10 kg 9 Marigold, mogra 10 kg 10 Oil, ghee 15 kg 11 Leafy vegetable,

lemon, coconut Unit

12 Cattles, goat, sheep, hen

Unit

13 Cutflowers – gerbera, carnation, rose

Unit

29. Storage of agriculture produce :-

1) Agriculture produce can be stored in godowns, building sheds, open space or any place meant for storage of agriculture produce which is registered with market committee as place of storage for Agriculture produce. For registration of such storage places Rs.100/- shall be charged by market committee per year for every place.

2) To register a place for storage of agriculture produce, after receipt of application as mentioned in Appendix No….. Committee, if it finds the place suitable, should certify that the place is registered.

3) For regulation of storage of agriculture produce the market committee can issue orders as it feels necessary. But this provision is not applicable to godown of central and state Warehousing Corporations.

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4) License holders should take necessary care to keep agriculture produce in proper condition and protect it from moisture, rain, pest, fire, birds etc. The agriculture produce should be sprayed with insecticides and pesticides from time to time. If market committee makes provision of insecticides and pesticides this facility should be availed of, or this facility may be made available from Central or State Govt. Warehousing Corporations. Fertilizers, poisonous chemicals and medicines should not be kept near agriculture produce.

5) If directed by Director, the market committee shall make necessary arrangement to start pledge loan scheme, godown receipt scheme and establish linkage with commodity exchange/(s) for the purpose of agriculture marketing.

30) Private Investment :-

For creating infrastructure in market yard market committee should give priority to private investors for developing such infrastructure. Market committee should make the land available to private investors for such purpose. Market committee may enter into agreement with private investors for this purpose.

31) Waste Management:-

Market committee should adopt modern system of waste management in its area.

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ADMINISTRATIVE 32) Committee :-

Constitution of ……………..market committee shall be as per section 13…………… of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act 1963.

The role of APMC would be to exercise powers and carry out functions as per duties, specified in the Act and Rules.

33) Calling of Meetings:-

1) Market committee meeting should be called at least once in a month, but the gap between two meetings should not exceed 60 days. 2) Sub committee meetings should be called as and when required by the secretary with the advice of chief of sub committee. 3) Director or the officer authorized by him can call a meeting of market committee for urgent work. 4) Meeting of market committee should be called within 15 days, with 7 days notice to all members, if half or more than half of the members of subcommittee write to secretary for calling such meeting. After getting information of omission to hold such meeting by the secretary, the District Deputy Registrar should arrange to hold meeting within 15 days from the date, this fact is brought to his notice.

34) Calling of Annual General Meeting of Market Committee :-

1) According to the provisions of section 27 A of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act 1963, …………….. Agriculture produce market committee shall within a period of six months after the closing of every financial year call an annual general meeting of its members and invitees specified bellows: a. the chairmen of all the Primary Agricultural Credit Cooperative

Societies and the Sarpanchas of all the village Panchayats, or their representatives, in the market area;

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b. Five office bearers to be nominated by each of the registered association of the licensed commission agents and traders, in the market area. In the absence of registered association, five representatives of the licensed commission agents and traders to be nominated by the Chairman of the market committee;

c. five office bearers to be nominated by each of 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 members of the Market Committee and the invitees specified in sub-section (1) not less than fifteen days prior to date of the meeting.

3) The chairman of the Market Committee shall preside over the meeting of committee and, in his absence the Vice-Chairman of the market committee and, in the absence of both, the person elected by the members present at the meeting shall preside over the meeting.

4) At the every annual general meeting, the balance sheet, income and expenditure 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.

35) Election Fund:-

According to section 14A of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act 1963, for the purpose of preparing the list of voters and conduct of elections, every Market Committee shall constitute an Election Fund consisting of an amount equal to five percent of all moneys received by it by way of fees under this Act during any year or rupees ten thousand per annum, whichever is less.

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36) Notices of Meetings:-

1) Ten days notice, calling the meeting of market committee should be given to every member. The notice should mention the date, time, venue and agenda of meeting. One copy of this notice should be sent to the Director or to the person authorized by him. If any urgency occurs, the Chairman, or half or more than half of members, can call committee meeting. After calling such meeting, the details of urgency and the decision taken in the meeting should be informed within three days to the Registrar/DDRCS. 2) The Secretary should prepare notices of all meetings in consultation with Chairman, or in his absence Vice-Chairman, or in the absence of both, any two members of the committee and send these notices to all members. 3) There is no need to issue fresh notice of the meeting adjourned for want of quorum.

37) Agenda of Meetings:-

Before issue of the notice, the secretary should include in the agenda, all the subjects regarding the working of market committee received from the members/ Director/ officers, and also the resolutions and subjects.

38) Quorum of Meetings:-

Quorum of meeting will be seven, of the total members entitled to vote in market committee meeting. If the required no. of members are not present, after waiting for half an hour of the members who are present, the meeting shall be adjourned for want of quorum, Such adjourned meeting will be held on the third day of the original meeting date, at the same place and time mentioned in the notice of original meeting, and the work of that meeting will be completed. Quorum is not required in such meeting again. Meeting adjourned for reasons other than quorum should be held within next three days.

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39) Conduct of Business:-

1) Chairman, or in his absence, the Vice-Chairman of the market committee or, in the absence of both, the member elected to chair the meeting by members present for the meeting, shall conduct the meeting. But if in the course of meeting, the Chairman, or the Vice-Chairman comes at meeting place, the elected Chairman of meeting shall handover the working of chairperson to Chairman or Vice Chairman as the case may be. Chairman should regulate the working of the meeting. For proper conduct of meeting, he shall adopt the measures which he deems fit.

2) Chairman of meeting should take decision regarding the procedure and working of meeting and his decision shall be final.

3) On issues raised by members regarding discipline in the meeting, the Chairman should take decision and his decision shall be final.

4) Chairman shall have the right to speak on all issues and give opinion on that.

5) Every member, entitled to vote will have one vote only. In case of equality of votes the Chairman will have right to give his casting vote.

40) Motions and Submotions:-

1) Every resolution and submotions other than the resolution and submotions put forward by chairman of meeting, should be duly proposed and seconded.

2) Every resolutions and submotions duly proposed by the chairman and seconded thereafter should be written down immediately. Every such resolutions, whether approved or not in the meeting, along with the names of proposar and secondar should be included in the proceeding of meeting.

3) Suggestion for every resolution should be noted down serially, and the resolution so revised after taking into account suggestions should be placed for voting.

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41) Method (or procedure) of voting:-

Voting can be done by raising hands except where, any three members present for the meeting demand voting through ballot paper. If voting is done by raising of hands in all such cases, the names of all members voting for and against the resolution should be mentioned in the proceeding of the meeting. The issues and questions raised in any meeting should be decided, taking into account the Acts, Rules and byelaws in this respect, and the opinion of majority of members.

42) Reconsidering the resolution:- Resolution proposed and approved or not approved in any meeting of

market committee shall not be taken again for reconsideration within three months. But if due to same unavoidable reasons, there is a need to reconsider any particular resolution, it should have the approval of at least 10 members, having the right to vote in the meeting.

43) Language:-

Language in conduct of meetings and the writting of proceedings should be in Marathi.

44) Proceeding of meetings:-

The proceedings of the resolutions made in the meeting should be prepared and signed by the secretary. Proceeding prepared as per rule 106, of every meeting of market committee shall be read out in next meeting and thereafter confirmed with the signature of the chairman.

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45) Appointment of sub committees:-

Market committee may appoint Dispute Sub Committee and one or more of sub committees as mentioned below and may delegate to such subcommittee, such of its powers or duties as it may think fit. Name of Sub Committee: 1) Employees sub committee 2) License sub committee 3) Works sub committee 4) Regulation sub committee 5) Grading sub committee Unless otherwise special provisions are made in Act, Rules and byelaws, the meeting of sub committees shall be conducted as per byelaws of market committees.

46) Powers and Duties of sub committees:- 1) Section 30 of Market Act provides for the appointment of one or more

sub committees, and to delegate necessary powers and duties to them. They are also to function under the control and guidance of market committee.

2) It is not possible, practically to call meeting of market committee frequently. Therefore sub committees are formed. The tenure of sub committee will be minimum one year. After one year market committee has the power to reappoint it.

3) Chief of sub committee will have the power to call meeting, decide its date and time. He shall not call members other than that of sub committee for sub committee meeting. Chief of Sub committee is not entitled for the facilities and conveyance, which are given to Chairman and Vice chairman of market committee. As per requirement, secretary should in consultation with Chief of Sub committee may call sub committee meetings once in 30 days, but the gap between two meeting should not exceed 90 days.

4) Sub committee, after close scrutiny and evaluation of its subject, shall recommend them to the general body. To accept or reject the recommendations of sub committees or to make suitable changes or

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cancel them will be the right of General Body of Market Committee. Sub committee members shall not be more than five. Minimum three members attendance will be the quorum for sub committee meeting. Adjourned meeting for want of quorum or any other reason, shall be taken within three days. Market committee shall decide about the allotment of subjects to different sub committees. Chief of the Sub committee shall have the authority to call urgent meeting relating to its subject.

5) Works committee has the powers to recommend estimates of Civil works. After acceptance by the same the by general body, technical sanction is given by the Director. But after the commencement of works, works sub committee has no authority to bring the running bills before its meeting and sanction the same.

6) Sub committee shall be entitled for meeting allowance. 7) If any of the members of subcommittee resigns or expresses inability to

work, Market Committee shall appoint another member in his place. 47) Expenditure from Market Fund :-

Market fund shall be used by the market committee for the items of expenditure prescribed under the Act, Rules and Byelaws. It is also mandatory to pay the contribution to pension scheme implemented by Maharashtra State Market Committees Cooperative Federation. Apart from the above expenditure, amount from market fund can be spent on the following items with the approval of the Director. 1) Entrance fee, annual contribution, parishad contribution and other dues

to Maharashtra State Market Committee Cooperative Federation Ltd. Pune.

2) Miscellaneous expenditure. 3) Study tour. 4) Items which will promote development of agriculture marketing in

market area. e.g. exhibition, posters, magazines, publication of booklets and related activities which supports agricultural marketing.

5) Collection of information related to expenditure on agricultural production laboratory for grading and research work.

6) Development of market area.

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48) Market Infrastructure Operations and Maintenance Fund:-

Market committee should reserve 1% amount of the total expenditure incurred on new facility (infrastructure) in market under the head, “Market Infrastructure Maintenance Fund” which be kept in separate account and can be spent with prior permission of Director.

49) Allowances to members:-

1) Honorarium to chairman and vice-chairman, and meeting and daily allowance to members. These payments will be made as per the govt. notifications declared from time to time.

2) Study tour expenditure: For study tour, every member of market committee shall be entitled for

expenditure up to Rs. 7,000/- once on 2 years for touring within state, and Rs. 10,000/- once in 5 years for touring within the country. Expenditure on these items will require prior permission of the Director.

50) Legal Expenses:-

As per the provisions of section 57 of the Act, legal expenses would be paid by the market committee initially and after the passing of court order, it will be recovered from party against whom the court order is passed.

51) Terms and Conditions of services for officers and employees of market

committee:-

Subject to the provision of section 100 of the Act, market committee shall have the right to appoint necessary staff with prior sanction of the Director. Rules regarding appointment, service, provident fund, TA & DA of such officers and staff and the pay scales, leave salary, provident fund contribution, gratuity, pension, compensation, vehicle allowance, welfare fund will be fixed from time to time with prior permission of the Director.

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52) Proformas of katapatti, bill, account note :-

Registers of katapatti, bill, account note, bidding and auction will be kept in the proforma given in the appendix no. ------ of these byelaws.

53) Record keeping :-

A) Market committee should follow standard computerised accounting procedure and prepare Annual report as per standard accounting norms.

B) All the statements of income and expenditure and tender documents of committee should be displayed on notice board for public, for perusal.

C) All papers and documents regarding working of market committee should be kept safe and in proper condition in market committee office, and the time period for keeping such papers and documents at office will be, as mentioned in Appendix no. ----. After due date, the committee will dispose off the papers and documents in a prescribed manner.

54) Declaring timetable and holidays for transactions in market:-

1) Every market committee, one month before the start of the year should fix up the time table and the list of holidays for the next year; declare this on notice board and give publicity in local media regarding this. While declaring holidays, care should be taken by market committee that market does not remain closed continuously for three days and there is no any difficulty for farmers to sell their produce brought in the market . Committee after giving proper reasons can make changes in its time table and holidays already declared but this should be informed to the Director. 2) Secretary has the power, to declare on any specific day the opening and closing time of market other than the time fixed as per byelaws.

55) Publication and perusal of Act, Rules and byelaws :-

Every market committee should keep the copies of update Act, Rules, Byelaws and the notifications of market committee published from time to

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time. A copy of the byelaws duly sanctioned by proper authority should be published on notice board by the market committee. All these papers can be seen by any person in the office of market committee at office hours (except on holiday)

56) Violation of Byelaws :-

Any person violating any of the above byelaws, on conviction, shall be punished with fine which may extend to one hundred rupees and will be liable for any other suitable action.

57) Sale of byelaws :-

Market committee should keep the copies of byelaws for sale, after deciding upon its price.

58) Power of the market committee to prepare sub-rules under these

Byelaws :-

Market Committee has the power to prepare subrules on following matters, with prior sanction of the Director. 1) Testing the samples of agricultural produce coming to market and

preserving such samples. 2) To decide upon types of agricultural produce and standardized samples,

adulteration preventing measures. 3) Rates of expenditure for Agmark and gradation, and promoting sale of

Agmark and graded agricultural produce. 4) Procedure of selling agricultural produce, and units of weight and

measures as per the provision in the Act and the Rules. 5) Accounting procedure for the sale of agricultural produce. 6) To settle the dispute regarding sale, weight and measures, distribution,

accounts and other matters relating to agricultural produce. 7) Submission of various types of regular reports and periodicals to the

market committee from trader, commission agent, broker, weighman, measurer and other licence holders.

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8) Methods and books of weight and measures, number of copies and its distribution to all concerned.

9) Eligibility and duties of broker, trader, commission agent, weighman, measurer, surveyor, warehouseman, hamal and maldhani and other elements in market.

10) Rules, terms and conditions, cost, rent for use of market and market places.

11) Fees on vehicles coming to markets and parking as follows.

Type of vehicle

monthly Fee

Entry charges Rs. (For 24 hrs)

Waiting charges Rs. Entry Fee Rs.

Entry Charges Rs.

For every hour excluding first 12 hrs

For every hour excluding first 12 hours

large vehicles

small vehicles

Market committee shall have the powers to revise / change the entry fee rates from time to time.

59) Weighing Charges:-

1. Full Truck 2. Empty Truck 3. Full Tempo

60) Ban on unauthorized trade:-

Person authorized by the Market Committee shall have the powers to stop any vehicle entering into and going out of market area, and to inspect the agricultural produce in that vehicle and get the necessary explanations from the concerned driver or the owner of produce regarding this. If it is found that the produce in such vehicle is not sold in the market area, it shall be made compulsory to unload and sell the produce in market. However if it is found that the vehicle bringing such produce is carrying it, for distribution to government, semi government institutions, co-operative institutions, companies registered under the Companies Act, hotel, hospitals, army, trust, exporter, processor and direct consumer, it shall be given back to the driver / owner of the produce after charging the necessary market fees, supervision fees etc prevailing on that day.