[ U. P. ACT No. XXV of 1964 ]

1964 · State unknown · central · act_text

Sections (298)

1 · For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated December 10, 1963.

1 · [(a) ―agricultural produce‖ means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry or forest as are specified in the Schedule, and includes admixture of two or more of such items, and also includes any such item in processed form, and further includes gur, rab, shakkar, khandsari and jiggery ; ]

1 · . Sub. and be deemed always to have been subs. by Section 2 of U. P. Act no. 10, 1970.

2 · Renumbered by item 2 (b) of the Schedule of U. P. Act no. 30 of 1974.

3 · . Ins. by section 2 (i) of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

2 · [(d-2) ―Cold Storage‖ in relation to market yard means cold storage declared as market sub-yard under section 7-A of this Act ; ]

4 · [ (h-1) ―Director Agricultural Marketing‖ means an officer, appointed by the State Government as Director Agricultural Marketing, to perform the powers and functions of the Director of Agricultural Marketing under this Act ;

4 · (h-1a) ―Direct Marketing‖ in relation to specified agricultural produce, means direct wholesale purchase of specified agricultural produce from the farmers by the processors, exporters, bulk buyers, etc. outside the principal market yard, sub-market yard, private market yard and market sub -yard ;

1 · Renumbered by item 2 (v) of the Schedule of U. P. Act no. 30 of 1974 and Ins. by sec. 2(ii) of President Act no. 13 of 1973.

2 · . Ins. by sec. 2(a) of U.P. Act No. 24 of 2018.

3 · . Subs. by sec. 2 (a) of U. P. Act No. 06 of 1977.

4 · . Ins. by sec. 2 (b) of U. P. Act No. 24 of 2018.

1 · [(h-1b) ―Farmer Producer Organisation (FPO)‖ means an association of farmers, by whatever name/form it is called/exists, registered under any law for the time being in force, which is to mobilize farmers and build their capacity to collectively leverage their production and marketing strength. ]

2 · [ (h-2) ―Export‖ means export of specified agricultural produce outside India by a licensee. ]

3 · [ (h-3) ―e-trading‖ means trading in which billing, billing, contracting, negotiating, information exchange, record keeping and other connected activities are done electronically on computer network/internet ; ]

5 · [ (k-1) ―Main Market Committee‖ means the Mandi Samiti which is authorized to issue a unified license ; ]

6 · [(k-2) ―Market sub-yard‖ means warehouse/silos/cold storage or other such structure or place declared to be market sub-yard under section 7 -A of this Act. ]

7 · [(l-1) ‗‗Other Backward Classes of citizens'', means the backward classes of citizen specified in schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Class) Act, 1994]

8 · [(m-1) ―Person‖ includes individual, a co-operative society, Hindu Undivided Family, a company or firm or an association or a body of individuals, whether incorporated or not. ]

1 · . Ins. by sec. 2(b) of U.P. Act No. 24 of 2018.

2 · . Ins. by sec. 2 (a) of U. P. Act No. 17 of 2005.

3 · . Ins. by sec. 2 (a) of U. P. Act No. 03 of 2016.

4 · . Subs. by sec. 2(c) of U. P. Act No. 18 of 2001.

5 · . Ins. by sec. 2 (b) of U. P. Act No. 03 of 2016.

6 · . Ins. by sec. 2 (c) of U. P. Act No. 24 of 2018.

7 · . Ins. by sec. 3 of U.P. Act No. 18 of 2001.

8 · . Ins. by sec. 2(f) of U.P. Act No. 24 of 2018.

1 · [(o-1) ―Processing ‖ means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, occurring or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to but shall not mean more cleaning, washing grading and packaging and other like activities; ]

2 · [(o-2) ―Private Market Yard‖ means such place other than Principal Market Yard, Sub-Market Yard and Market-Sub Yard in the market area, where infrastructure has been developed and managed by a person for marketing of agricultural produce, holding a license for this purpose under this Act ;

3 · [ 4 (q-1) 3 ―Regulations‖ means regulations made by the Board in accordance with the provisions of section 26-X ; ] 4

5 · [(q-2) ―retail sale‖ in relation to any specified agricultural produce means sale of that produce, not exceeding such quantity, as a market committee may specify in its bye-laws to be the limit of retail sale ; ]

1 · . Ins. by sec. 2 (b) of U. P. Act No. 17 of 2005.

2 · . Ins. by sec. 2 (e) of U. P. Act No. 24 of 2018.

3 · Renumbered by item 2 (b) of the Schedule of U. P. Act no. 30 of 1974.

4 · . Ins. by section 2 (iv) of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

5 · . Ins. by sec. 2 (i) of U. P. Act No. 19 of 1979.

1 · [(s-1) ―Silo ‖ means silo declared as market sub -yard under section 7 -A of this Act ;

4 · [(y-1) ―Unified License‖ means a license granted under section 9 -A. ]

5 · [(aa) ―village‖ shall have the same meaning as in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. ]

1 · . Ins. by sec. 2 (f) of U. P. Act No. 24 of 2018.

2 · . Ins. by sec. 2 (G) of U. P. Act No. 24 of 2018.

3 · . Subs. by sec. 3 of U. P. Act No. 07 of 1978.

4 · . Ins. by sec. 2 (c) of U. P. Act No. 03 of 2016.

5 · . Subs. by sec. 2 (c) of U. P. Act No. 06 of 1977.

1 · [(aa-1) ―Warehouse‖ in relation to market yard means warehouse declared as market sub -yard under section 7-A of this Act. ]

2 · [(ee) ―whole-sale transaction‖ in relation to any specified agricultural produce means sale and purchase of that produce exceeding such quantity as a market committee may specify in its bye-laws to be the limit of retail sale. ]

3 · [(ff) ‗‗User charges'', means the amount paid in consideration of material or science.]

4 · [2-A. The agriculturist/producer may sell his produce according to his choice anywhere in or outside this State :

4 · (1) Subject to the provisions of sub-section (2), the provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law, custom, usage or agreement.

6 · [ 4-A. The State Government may by notification in the Gazette , add to, amend or omit any of the items of agricultural produce specified in the Schedule, and thereupon the Schedule shall stand amended accordingly. ]

1 · . Ins. by sec. 2 (h) of U. P. Act No. 24 of 2018.

2 · . Ins. by sec. 2 (2) of U. P. Act No. 19 of 1979.

3 · . Ins. by sec. 2 of U.P. Act No. 18 of 2020.

4 · . Ins. by sec. 3 of U. P. Act No. 24 of 2018.

5 · . Omit. by section 3 of President Act no. XIII of 1973 as re-enacted by U. P. Act No. 30 of 1974.

6 · . Ins. by sec. 3 of U. P. Act No. 10 of 1970.

3 · [ Provided that the whole of the Principal Market Yard shall be located within the limits of one district only. ]

4 · [ (2) The State Government, where it considers necessary or expedient in the public interest so to do, may, by notification —

5 · [ (b) declare that the whole-sale transactions of all or any of the specified agricultural produce in respect of a market area shall be carried on only at a specified place or places within its principal market yard or sub-market yards.

1 · . Omit. by sec. 3 of U. P. Act No. 06 of 1977.

2 · . Sec. 7 renumbered and inserted sub -sec. 2 by sec. 4 of U.P. Act No. 6 of 1977.

3 · . Ins. by section 4 of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

4 · . Subs. by sec. 3 of U. P. Act No. 19 of 1979.

5 · . Subs. by sec. 4 of U. P. Act No. 24 of 2018.

1 · [Provided that the proviso of this clause shall have no effect on the following –

2 · [7-A. (1) Save as otherwise provided in this Act, the State Government may, by notification declare such warehouse/silo/cold storage/or other such structure or place with infrastructure and facilities as may be prescribed, to function as market sub-yard ] :

3 · [(3) The person transacting within such warehouse/silo/cold storage or other structure or place, in declared market sub-yard, shall have to pay 75% of the applicable market fee to the market committee on the value of transacted notified agriculture produce. The owner/licensee of the market sub -yard may levy and collect up to 25% of the market fee as user charge on the specified agriculture produce, which can be spent for maintenance and development of the yard.] :

4 · [ 7-B. (1) Subject to such reasonable conditions and such fee as may be prescribed, the Director, Agricultural Marketing may grant a license to a person to establish Collection aggregation centers in the proximity of the production area with infrastructure, as may be prescribed in accordance with the provisions of this Act and the rules made thereunder for marketing of notified agricultural produce :

1 · . Subs. by sec. 3 of U.P. Act No. 18 of 2020.

2 · . Ins. by sec. 5 of U. P. Act No. 24 of 2018.

3 · . Subs. by sec. 4 of U.P. Act No. 18 of 2020.

4 · . Ins. by sec. 5 of U. P. Act No. 24 of 2018.

1 · [ 7-C. (1) The State Government, where it considers necessary or expedient in the public interest so to do, may, by notification declare existing market yard established under clause (b) of sub-section (2) of section 7 as Special yard as Special Commodity Market Yard of all or any of the specified agricultural produce in respect of a market area.

2 · [ 7-D. (1) Subject to such reasonable conditions and such fee as may be prescribed, the Director, Agricultural Marketing may grant a license to a person to establish a private market yard, for trading of notified agricultural produce.

3 · [7-E. Establishment of Producer Consumer market yard (Sale of agriculture produce within retain limit by producer to the consumer)–

1 · . Ins. by sec. 5 of U. P. Act No. 24 of 2018.

2 · . Ins. by sec. 5 of U. P. Act No. 24 of 2018.

3 · . Ins. by Sec. 5 of U.P. Act No. 18 of 2020.

8 · (1) The State Government, where it considers necessary or expedient in the public interest so to do, may, by notification in the Gazette and in such other manner as may be prescribed and with effect from the date specified in the notification —

1 · . Subs. by sec. 3 of U. P. Act No. 13 of 2004.

2 · . Subs. by section 5 of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

3 · [Unified License for certain purpose]

9 · (1) As from the date of declaration of an area as Market Area no Local Body or other person shall, within the Market Area, set up, establish or continue, or allow to be set up, established or continued, any place for the sale, purchase, storage, weighment or processing of the specified agricultural produce, except under and in accordance with the conditions of a license granted by the Committee concerned, anything to the contrary contained in any other law, custom, usage or agreement notwithstanding :

1 · [Provided further that in case of direct purchase from farmers, to set up collection/ aggregation centers in the proximity of the production area and for the private market yard, Director, Agricultural Marketing shall be the Licensing Authority for that market area. ]

2 · [(3) The provisions of sub-sections (1) and (2) shall not apply in relation to any specified agricultural produce pledged or hypothecated in favour of a bank as security for any amount advanced by such bank.

3 · [ 9-A. (1) Any Market which shall be main Mandi Samiti, may grant unified license to purchase specified agriculture produce from the farmers and traders in such a manner as may be prescribed in the bye laws, in the pre-communicated places in the whole State, for one or more of the following purposes :–

4 · [(2) Market fee and development cess as provided in this Act, shall be payable on sale and purchase of specified agricultural produce

1 · . Ins. by sec. 6 of U. P. Act No. 24 of 2018.

2 · . Ins. by sec. 4 of U. P. Act No. 07 of 1978.

3 · . Subs. by sec. 6 of U. P. Act No. 18 of 2020.

4 · . Subs. by sec. 7 of U.P. Act No. 24 of 2018.

1 · [(3) Notwithstanding anything contained in sub-section (1) licence issued to a wholesale trader by any Mandi Samiti, in the manner as maybe prescribed, shall be treated as Unified Licence. The Unified Licencee shall be authorized to trade in any market area of the State]

10 · (1) As from the date to be notified by the State Government in the Gazette, 2[ * * * ] no person shall, in a Principal Market Yard or Sub Market Yard, levy, charge or realize, any trade charges, other than those prescribed by rules or bye-laws made under this Act, in respect of any transaction of sale or purchase of the specified agricultural produce and no Court shall, in any suit or proceeding arising out of any such transaction, allow in any claim or counter claim, any trade charges not so prescribed.

11 · The State Government, where it considers necessary or expedient in the public interest so to do, may, by notification in the Gazette and in such other manner as may be prescribed, declare that the provisions of sub-section (2) of section 9 and the provisions of section 10 shall also apply to the whole or any part of the Market Area outside the Principal Market Yard and Sub-Market Yards as may be specified in the notification and thereupon the said provisions shall with effect from the date specified in the notification apply accordingly, and the remaining provisions of this Act relating to a Principal Market Yard or Sub-Market Yards shall also, with effect from the same date, mutatis mutandis, apply to the area so specified.

12 · (1) For every Market Area there shall be a Committee to be called the Mandi Samiti of that Market Area, which shall be a body corporate having perpetual succession and an official seal and, subject to such restrictions or qualifications, if any, as may be imposed by this or any other enactment, may sue or be sued in its corporate name and acquire, hold and dispose of property and enter into contracts :

5 · [ 13. (1) The Committee referred to in section 12 shall consist

1 · Ins. by sec. 2 of U.P. Act no. 7 of 2023.

2 · . Omit. by sec. 5 of U. P. Act No. 10 of 1970.

3 · . Subs. by section 6 (i) of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

4 · . Ins. by sec. 6 (ii) ibid .

5 · . Subs. by sec. 8 of U. P. Act No. 24 of 2018.

1 · . Subs. by sec. 8 of U.P. Act No. 24 of 2018.

2 · . Ins. by sec. 4 of U. P. Act No. 13 of 2004.

1 · [13-B. The State Government may, on the recommendation of the Director, remove any member including the Chairman or the ViceChairman if he has been found 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 has been adjudged insolvent and the vacancy of such members shall be filled in accordance with the provisions of sub-section (3) of section 13 or clause (b) of section 13 -A as the case may be :

2 · [ 13-C. Where the Director, is satisfied that, —

3 · [ 13-D. (1) Where a Committee is suspended under section 13-C the Chairman, the Vice-Chairman and the members thereof shall be deemed to have vacated their respective office for the period of suspension and the powers, duties and functions of the Committee shall be exercised, discharged and performed by the District Magistrate who may exercise, discharge or perform such power, duties and functions either himself or through an officer authorized by him not below the rank of the Deputy Collector.

1 · . Ins. by sec. 4 of U. P. Act No. 13 of 2004.

2 · . Ins. by sec. 4 of U. P. Act No. 13 of 2004.

3 · . Ins. by sec. 4 of U. P. Act No. 13 of 2004.

1 · [ 13-E. If at any time the State Government, on the report of the Director is satisfied that nay Committee has made a willful default in the performance of any duty imposed upon it by or under this Act, or any other enactment or has exceeded or abused its powers, after taking into consideration the explanation of the Committee, it may, by order stating the reasons therefor dissolve the Committee by publication thereof in the official Gazette .

2 · [ 13-F. On the dissolution of the Committee,—

3 · [14. (1) The State Government shall, by notification in the Gazette, appoint all the members of the First Committee, or of a new Committee mentioned in clause (b) of sub-section (2) of section 8, including the Chairman and the Vice-Chairman, from amongst the persons who, in the opinion of the State Government, are suitable to represent the different interests referred to in sub-section (1) of section 13. ] 3

1 · . Ins. by sec. 4 of U. P. Act No. 13 of 2004.

2 · . Ins. by sec. 4 of U. P. Act No. 13 of 2004.

3 · . Subs. and be deemed always to have been substituted by section 7 of U. P. Act No. 10 of 1970.

1 · [14-A. The provisions of section 123 of Chapter I of part VII of the Representation of the People Act, 1951 shall mutatis mutandis apply in the election to a Mandi Samiti. ]

2 · [14-B. The provisions of sections 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 132-A, 134, 134-A, 135, 135-A and 136 of Chapter III of Part VII of the Representation of the People Act, 1951 shall have effect as if, —

15 · Where a vacancy occurs by reason of death, resignation or removal of a member, or for any other reason, it shall be filled in by a person belonging to the class to which the person ceasing to be member belonged, and the person so 3[nominated or appointed by the State Government] shall be a member for the unexpired portion of the term of the member in whole vacancy he has become a member :

16 · (1) A Committee shall enforce the provisions of this Act, the rules and bye-laws made thereunder in the Market Area, provide such

1 · . Ins. by sec. 5 of U. P. Act No. 18 of 2001.

2 · . Ins. by sec. 5 of U. P. Act No. 18 of 2001.

3 · . Subs. by sec. 5 of U. P. Act No. 13 of 2004.

4 · . Add. by sec. 8 of U.P. Act No. 10 of 1970.

3 · [ (vii-a) provide suitable facilities, for the proper development of hats and painths in the market area and to the persons engaged in transactions of sale and purchase therein ;

1 · . Subs. by section 8 (i) of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

3 · . Ins. by sec. 2 of U. P. Act No. 10 of 1991.

1 · [(vii-c) Mandi Samiti will construct, repair and maintain kisan Bazar in its Mandi area for sale of agricultural produce by the farmers directly to consumers, exhibition of art by folk artists; exhibition and sale of items made by handicraft and handloom artisans, sale of other products by different sellers, installment of shops selling the food or refreshment items or daily use items for farmers and consumers, setting up Kisan Rest House and Community Centre, and related activities. ]

17 · A Committee shall, for the purposes of this Act, have the power to —

1 · . Ins. by sec. 2 of U. P. Act No. 04 of 2015.

2 · . Subs. by section 8 (ii) (b) of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

1 · [ (iii) levy and collect, —

1 · . Subs. by sec . 2 of U. P. Act No. 04 of 1999.

2 · . Subs. by sec . 9 of U. P. Act No. 24 of 2018.

2 · [(c) User charge shall be levied and collected by the market committee in consideration to the rendered material or services in the principal market yard/sub-market yard/market sub-yard, as prescribed by the state government.]

3 · [(iii-a) realize interest calculated in the manner prescribed in the bye-laws 4 [at the rate prescribed in the Uttar Pradesh Trade Tax Act, 1948 for the unpaid amount of Trade tax] on the unpaid amount of market fee from the date immediately following the period prescribed for payment of market fee in the bye-laws ; ]

5 · [ (v) raise from the State Government or the Board or, subject to previous sanction by the Board, from any other Committee or a recognized financial institution, moneys required for discharging its functions under this Act ; ]

6 · [ (v-a) advance loans to the Board on such terms and conditions as may be mutually agreed upon between the Board and the Committee;

1 · . Omit. by sec. 2 of U. P. Act No. 1 of 2000.

2 · . Ins. by sec. 7 of U.P. Act No. 18 of 2020.

3 · . Ins. by sec. 3(b) of U. P. Act No. 10 of 1991.

4 · . Subs . by sec . 2 of U. P. Act No. 34 of 2006.

5 · . Subs. by sec . 7(b) of U. P. Act No. 06 of 1977.

6 · . Ins. by sec . 7(c) of U. P. Act No. 06 of 1977.

1 · [Explanation — For the purpose of clause (iii), unless the contrary is proved, any specified agricultural produce taken out or proposed to be taken out of a market area by or on behalf of a licensed trader shall be presumed to have been sold within such area and in such case, the price of such produce presumed to be sold shall be deemed to be such reasonable price as may be ascertained in the manner prescribed. ]

2 · [17-A. [Notwithstanding anything to the contrary contained in any other provision of this Act, —

3 · [(a) Where the State Government or an authority as may be prescribed, is of the opinion that it is necessary and expedient in the public interest so to do in encourage the establishment of Industrial or Agro Processing Units in the State and to promote the marketing of the specified agricultural produces to be used as raw material by the said units, it may on an application in such for as may be prescribed, by notification exempt mandi fee (excluding development cess) on such specified agricultural produce or produces as may be used by such newly established agro processing units as fulfill the condition that the cost of plant and machinery shall not be less than five crore rupees, for such period as may be specified in the notification no exceeding five years subject to such conditions as may be specified in the notification.

4 · [(b) Where the State Government is of the opinion that it is necessary and expedient in the public interest so to do to encourage the export of specified agricultural produce, it may on an application or otherwise by notification, exempt from mandi fee and development cess, on such specified agricultural produce or produces as may be exported in the prescribed manner by a licensee and for such period as may be specified in the notification not exceeding five years subject to

1 · . Ins. by sec. 2 of U. P. Act No. 12 of 1987.

2 · . Ins. by sec. 6 of U. P. Act No. 13 of 2004.

3 · . Subs. by sec. 2 of U.P. Act No. 7 of 2020.

4 · . Subs. by sec. 3(b) of U.P. Act No. 17 of 2005.

1 · [(c) Where the State Government is of the opinion it is necessary and expedient to encourage the establishment of processing units in the State, it may exempt market fee and development cess on specified agricultural produce brought from outside the State for processing, in such manner as as may be prescribed;

1 · . Ins. by sec. 3 of the U.P. Act no. 7 of 2023

1 · [(iv) the principal amount of or interest on loans and advances referred to in clause (x) of sub-section (2) of section 16 ;

2 · [(ix) expenses in providing facilities and comforts such as shelter, shed, parking accommodation and water for persons, draught cattle, pack animals and vehicles coming to the Market Area and on agricultural improvement and development of agricultural marketing in the Market Area including the construction, maintenance and repair of link roads, culverts, bridges and other such purposes ; ]

3 · [ (xi-a) financial assistance to charitable institutions approved by the Board or recognized educational institutions, subject to a maximum of four per cent of total receipts excluding money raised under clause (v) of section 17 and grants made by Government in the previsious financial year. ]

1 · . Subs. by section 10 (i) (a) of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

2 · . Subs. by sec. 2 of U. P. Act No. 12 of 1985.

3 · . Subs. by sec. 3 of U.P. Act No. 7 of 2020.

1 · [Provided that the annual expenditure in respect of matters specified in clause (ii) shall not exceed ten per cent of the total annual receipts of the Committee, excluding loans raised by it and advances or grants made to it, except with the prior approval of the [Board.]2 ]

3 · [ Provided further that all moneys realized as additional market fee under the Uttar Pradesh Krishi Utpadan Mandi (Amendment) Ordinance, 1983 shall be utilized in the Market Area only for the purposes specified in clause (ix). ]

7 · [ 19-B . (1) There shall be established for each committee, a fund to be called Market Development Fund to which the following amounts shall be credited —

1 · . Add. by sec. 9 of U. P. Act No. 10 of 1970.

2 · . Subs. by section 10 (1) (d) of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

3 · . Ins. by sec. 2 of U. P. Act No. 12 of 1985.

4 · . Omit. by sec. 8 of U. P. Act No. 06 of 1977.

5 · . Subs. by sec. 10 of U. P. Act No. 24 of 2018.

6 · . Ins. by sec. 3 (b) of U. P. Act No. 04 of 1999.

7 · . Ins. by sec. 6 of U. P. Act No. 07 of 1978.

22 · (1) The Chairman, and in his absence the Vice-Chairman, shall, subject to the provisions of this Act and the rules and bye-laws made thereunder and the resolutions, if any, of the Committee, exercise superintendence and control over the officers and servants of the Committee and shall exercise such other powers and perform such duties as may be prescribed or delegated to him by the Committee by a resolution passed by it in this behalf.

1 · . Ins. by sec. 5 of U. P. Act No. 10 of 1991.

2 · . Subs. and be deemed always to have been substituted by sec. 12 of President Act No. 13 of 1973.

1 · [(2) Every Committee shall have 2[such number of Secretaries] and such other offices as may be considered necessary by the Board for the efficient discharge of the functions of the Committee, appointed by the Board on such terms and conditions as may be provided for in the regulations made by it ; ]

4 · [ 23-A. (1) Notwithstanding anything contained in any other provisions of this Act, the Board may constitute cadres of secretaries and such other officers common to all committee as it may deem fit to appoint under sub-section (2) of section 23.

5 · [(2) Subject to the provisions of sub-section (2-B) —

1 · . Subs. by sec. 13 of U. P. President Act 13 of 1973.

2 · . Subs. by sec. 6 of U. P. Act No. 10 of 1991.

3 · . Omit. by sec. 13 (ii) of U.P. President Act 13 of 1973 .

4 · New sec. 23 -A Ins . by sec. 14 of U.P. President Act 13 of 1973 .

5 · . Subs. by sec. 3 of U. P. Act No. 20 of 1984.

1 · . Subs. by sec. 3 of U.P. Act No. 20 of 1984.

24 · 2 [ (1) The Secretary of a Committee shall be its chief executive officer, and shall, subject to the provisions of this Act, perform such functions, exercise such powers and discharge such duties, as may be prescribed, or provided for in the bye-laws or as the Board or the Director, may, by order in writing direct :

3 · [(b) report cases of neglect, misconduct or dereliction of duty by an employee of the Committee to the appointing authority for

1 · . Ins. by section 14 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

2 · . Subs. by sec. 7 of U. P. Act No. 10 of 1991.

3 · . Subs. by sec . 9 of U. P. Act No. 06 of 1977.

3 · [ 25-A. Subject to rules made in this behalf under this Act, the terms and conditions of employment of the members of a cadre constituted under section 23 -A and matters relating to discipline control and punishment including dismissal and removal of such officers shall be governed by such regulations as may be made by the Board. ]

26 · Every officer or servant of 4 [the Board or a Committee] shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

5 · [ 26-A. (1) The State Government shall by notification 6 in the Gazette, and with effect from a date to be specified therein, constitute a Board by the name of the State Agricultural Produce Markets Board with its head office at Lucknow.

1 · . Ins. by section 15 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

4 · . Subs. by sec. 10 of U. P. Act No. 06 of 1977.

5 · New sections 26 -A to 26 -X inserted by sec. 18 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

6 · State Agricultural Produce Markets Board established with effect from June 27, 1973 vide notification no. A -5256/12 (5)-96-73, dated June 26, 1973.

26 · -B. (1) The Board shall consist of 1 [The Principal Secretary/ Secretary to the Government of Uttar Pradesh in Agriculture Marketing and Foregien Trade Department as the ex-official Chairman and three Vice -Chairman who shall be non -official members appointed by the State Government] besides the following other members namely:—

5 · [(d) the Principal Secretary/Secretary to the State Government in the Agriculture Department. ]

6 · [ (f-1) the Agricultural Marketing Adviser to the Government of India ;

1 · . Subs. by sec. 2(a) of U. P. Act No. 40 of 2007.

2 · . Subs. by sec. 2(b) of U. P. Act No. 40 of 2007.

3 · . Subs. by sec. 2(c) of U. P. Act No. 40 of 2007.

4 · . Subs. by sec. 2(d) of U. P. Act No. 40 of 2007.

5 · . Subs. by sec. 2(e) of U. P. Act No. 40 of 2007.

6 · . Ins. by sec. (1)(iii) of U. P. Act No. 06 of 1977.

7 · . Subs. by sec. 2 of U. P. Act No. 07 of 2002.

8 · . Subs. by sec. II(v) of U. P. Act No. 06 of 1977.

26 · -C. A person shall be disqualified for being chosen as and for being the 6[Vice-Chairman] or other member of the Board if he —

1 · . Subs. by sec. 7 of U. P. Act No. 13 of 2004.

2 · . Subs. by sec. 11(iv) of U. P. Act No. 06 of 1977.

3 · . Subs. by sec. 11(v) of U. P. Act No. 06 of 1977.

4 · . Subs. by sec. 2(2) of U. P. Act No. 40 of 2007.

5 · . Ins. by sec. 11(5b) of U. P. Act No. 06 of 1977.

6 · . Subs. by sec. 3 of U. P. Act No. 40 of 2007.

26 · -D. (1) Subject to the provisions of sub-section (2) the 1 [ViceChairman] and other members of the Board not being ex-officio members thereof shall hold office for two years unless the term of the 1 [ViceChairman] or such other member is determined earlier by the Government by notification in the Gazette, and shall be eligible for reappointment.

2 · [(2) A member appointed under clause (f-4) or clause (g) or clause (h) of sub-section (i) of section 26-B shall cease to be a member of the Board as soon as he ceases to be such Vice -Chancellor or elected member of the Market Committee, as the case may be. ]

26 · -E. (1) The 1 [Vice-Chairman] and other members not being exofficio members be paid from the Board's fund such remuneration, if any, as may be fixed by the State Government.

1 · Terms of Office of via Chairman and other members

1 · . Subs. by sec. 3 of U. P. Act No. 40 of 2007.

2 · . Subs. by sec. 12 of U. P. Act No. 06 of 1977.

26 · -F. (1) The Board may appoint such officers and servants as it considers necessary for efficient performance of its functions on such terms and conditions as may be provided for in regulations made by the Board.

26 · -G. Subject to the superintendence of the Board, the general control and direction over all the officers and servants of the Board shall be vested in the Director.

26 · -H. All proceedings of the Board shall be authenticated by the signature of Chairman or the Member-Secretary and all order and other instruments issued by the Board shall be authenticated by the signature of the Member-Secretary ro such other Officer of the Board as may be authorized in this behalf by regulations.

26 · -I. Subject to the provisions of this Act, the Board may, by general or special order delegate, either unconditionally or subject to such conditions as may be specified in the order, to any subcommittee appointed by it or to 1 [the Director or] the MemberSecretary or any other officer of the Board such of its powers and duties under this Act, as it may deem fit.

26 · -J. (1) 2[a Vice-Chairman] or any other member of the Board or of sub -committee appointed by the Board who —

1 · . Ins. by sec. 13 of U. P. Act No. 06 of 1977.

2 · . Subs. by sec. 4 of U. P. Act No. 40 of 2007.

1 · . Subs. by sec. 14(a) of U. P. Act No. 06 of 1977.

26 · -M. (1) In the discharge of its functions, the Board shall be guided by such directions on questions of policy as may be given to it by the State Government.

26 · -N. (1) The Board, shall as soon as may be after the end of each financial year, prepare and submit to the State Government before such date and in such form as the State Government may direct, a report giving an account of its activities during the previous financial year, and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Board in the next financial year, and the State Government shall cause every such report to be laid before the State Government shall cause every such report to be laid before the State Legislature as soon as may be after it is received by the State Government.

26 · -O. Every contract or assurance of property on behalf of the Board shall be in writing and executed by such authority and in such manner as may be provided by regulations.

2 · [ 26-P. (1) The Board shall have its own fund, which shall be deemed to be a local fund and to which shall be credited all moneys received by or on behalf of the Board, except the moneys required to be credited in the Uttar Pradesh State Marketing Development Fund under section 26 -PP.

1 · . Ins. by sec. 14(b) of U.P. Act No. 6 of 1977.

2 · . Subs. by sec. 26-P of U. P. Act No. 10 of 1991.

2 · [26-PP. (1) There shall be established for the Board, a Fund, to be called the Uttar Pradesh State Marketing Development Fund to the which following amounts shall be credited, namely —

1 · . Subs. by sec. 5 of U. P. Act No. 40 of 2007.

2 · . Subs. by sec. 8 of U.P. Act No. 10 of 1991.

1 · [ 26-PPP. (1) There shall be established a Fund to be called the ―Central Mandi Fund‖ to which the following amount shall be credited, namely : —

26 · -Q. (1) Save where in the opinion of the Board circumstances of extreme urgency have arisen, no sum exceeding such amount as the State Government may from time to time fix in that behalf on account of recurring or non-recurring expenditure shall be spent by the Board in any financial year unless such sum has been included in a statement submitted under sub -section (1) of section 26-V.

1 · . Ins. by sec. 4 of U. P. Act No. 04 of 1999.

26 · -R. The State Government may, after due appropriation by law of the State Legislature, from time to time make subventions to the Board for the purpose of this Act, on such terms and conditions as the State Government may determine.

26 · -S. The State Government may from time to time advance loans to the Board on such terms and conditions, not inconsistent with the provisions of this Act, as the State Government may determine.

26 · -T. (1) The Board may from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as the State Government may by general or special order determine, borrow any sum required for the purposes of this Act, whether by the issue of bonds or stock or otherwise or by making arrangement with bankers.

26 · -U. The revenues of the Board shall, after meeting its expenses, be applied, as far as they are available, in the following order, namely —

26 · -V. (1) The Board shall before the commencement of and may at any time during a financial year, prepare a statement or a supplementary statement, as the case may be, of programmes of its activities during that year as well as financial estimates in respect thereof and submit them to the State Government, in such manner and by such dates as it may by general or special order direct, for its previous approval.

1 · . Subs. by sec. 6 of U. P. Act No. 40 of 2007.

1 · . Ss. 26 -A to 26 -X inserted by Sec. 18 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

2 · . Subs. by sec. 19 (a) ibid .

3 · . Subs. by sec . 19(b) ibid .

5 · [ 33. The Board may, by regulations, delegate subject to such conditions and restrictions and in such manner, as may be specified

1 · . Omit. by sec. 8 of U. P. Act No. 13 of 2004.

2 · . Omit. by sec. 29 of U. P. Act No. 13 of 2004.

3 · . Omit. by sec. 30 of U. P. Act No. 13 of 2004.

5 · . Subs. by sec. 9 of U. P. Act No. 10 of 1991.

1 · [33-A. (1) Where the Director, on a complaint made to him or otherwise is satisfied that a committee has not performed any duty imposed on it by or under this Act, he may require the committee to perform such duty within the period specified by him.

1 · [33-B. (1) The State Government with a view to satisfying itself that the powers, functions and duties of the Board or a Committee by or under this act are exercised or performed by it properly, may require the Commissioner or the Collector or any other person or persons to inspect or cause to be inspected any property, office, document or any work, of the Board or the Committee or to make inquiries into all or nay of the activities of the Board or the Committee in such manner as may be prescribed and to report to it the result of such inquiry within such period as may be specified.

2 · [ 33-C. (1) Any person who, desires to establish private market yard under section 7-D shall apply to the Director, Agricultural Marketing or the Officer authorized by him for grant or renewal of license, as the case may be, in such form and in such manner and also for such period but not less than three years, as may be prescribed.

1 · . Subs. by sec. 9 of U.P. Act No. 10 of 1991.

2 · . Ins. by sec . 11 of U. P. Act No. 24 of 2018.

1 · . Ins. by sec. 11 of U. P. Act No. 24 of 2018.

1 · [ 33-E. (1) Any person, including a Farmer's Cooperative, Farmers Producer Organisation (FPO) and Processor/ Exporter, under Section 7 -B, desires to purchase agricultural produce directly from farmers outside the principal market yard sub-market yard, market sub -yard, private market yard, shall apply to the Director, Agricultural Marketing for grant or renewal of license, as the case may be, in such form and in such manner ; and also for such period, as may be prescribed.

2 · [ 33-F. Subject to the provisions of section 7-B, the Licensing Authority, who has issued the license, may suspend or cancel the license granted/renewed under section 33-E in the cause and manner mutatis mutandis to Section 33 -D :

1 · . Ins. by sec . 11 of U. P. Act No. 24 of 2018.

2 · . Ins. by sec . 11 of U. P. Act No. 24 of 2018.

1 · . Subs. by sec. 16 of U. P. Act No. 06 of 1977.

2 · . Subs. by sec. 17 of U. P. Act No. 06 of 1977.

2 · [ 37. (1) Any person who contravenes any of the provisions of section 9 or Section 10 or the rules or bye-laws made thereunder shall, on conviction, be punished, —

1 · . Subs. by sec. 17 of U.P. Act No. 6 of 1977.

2 · . Subs. by sec . 5 of U. P. Act No. 04 of 1999.

3 · . Subs. by sec . 4(a)(i) of U. P. Act No. 03 of 2016.

4 · . Subs. by sec . 4(a)(ii) of U. P. Act No. 03 of 2016.

5 · . Subs. by sec . 4(a)(iii) of U. P. Act No. 03 of 2016.

6 · . Subs. by sec . 4(b)(iii) of U. P. Act No. 03 of 2016.

1 · [ 37-A . 2 [ (1) A market committee or its sub-committee or with the authorization by a resolution of a committee its Chairman may accept from any person who has committed or is reasonably suspected of having committed an offence punishable under this Act in addition to the fee or other amount recoverable from him, a sum of money equal to ten times the sum of market fee and development cess assessed due on the equivalent agricultural produce in accordance with the explanation given in the proviso to sub-rule (1) of Rule 66 of the Uttar Pradesh Krishi Utpadan Mandi Niyamavali, 1965 or Rupees Two Lakh, whichever is less and for other offence, a sum of money not exceeding rupees 3 [twenty thousand] by way of composition fee and compound the offence.]

38 · (1) No offence punishable under this Act shall be tried by a court inferior to that of a Magistrate of the First Class.

39 · (1) A market Committee may make bye-laws not inconsistent with this Act and the rules made thereunder, to provide for,—

4 · [ Provided that no bye-law, other than a bye-law made by adopting draft or model bye-law suggested by the 5[Board], shall be

1 · . Ins. by sec. 19 of U. P. Act No. 06 of 1977.

2 · . Subs. by sec . 12 of U. P. Act No. 24 of 2018.

3 · . Subs. by sec. 6 of U.P. Act No. 4 of 1999.

4 · . Subs. and be deemed always to have been substituted by sec. 10 of U. P. Act no. 10 of 1970.

5 · . Subs. by sec. 26 of Presidents Act 13 of 1973.

2 · [(3) The power under this Section to make bye-laws shall be exercised subject to any general or special directions issued by the State Government in that behalf. ]

3 · [39-A. Every wholesale trader or commission agent, shall before the thirtieth day of April every year submit to the Market Committee a Statement of purchases and sales of specified agricultural produce by or through him during the previous year in such Form and in such a manner and setting forth such other particulars as may be specified in the by-laws.

6 · [(ii) for the constitution of the Committee under section 12 or for the modified and newly created Market Areas under clause (b), clause (c) or clause (d) of sub-section (1) of Section 8 by nomination by the State Government and for their consequential matters. ]

1 · . Subs. by section 26 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

2 · . Ins. by sec . 5 of U. P. Act No. 19 of 1979.

3 · . Ins. by sec . 7 of U. P. Act No. 04 of 1999.

4 · . Subs. by sec . 4 of U. P. Act No. 20 of 1984.

5 · . Omit. by sec . 9(a) of U. P. Act No. 13 of 2004.

6 · . Subs. by sec. 9(b) of U.P. Act No. 13 of 2004.

7 · . Omit. by sec . 9(c) of U. P. Act No. 13 of 2004.

1 · [ (xiv-a) the manner of deposit in withdrawal from and maintenance and utilization of the Uttar Pradesh State Marketing Development Fund ; ]

1 · . Ins . by sec . 11 of U. P. Act No. 10 of 1991.

1 · . Del. by section 27 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

2 · . Omit. by sec . 9(d) of U. P. Act No. 13 of 2004.

3 · . Ins. by section 27 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

1 · . Ins. by section 27 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

29 · Snake gourd

14 · . Poppy.

28 · Jack fruit (ripe).

[ U. P. ACT No. XXV of 1964 ]

Sections (298)

Subordinates (0)