In exercise of powers conferred Section 93 of Uttarakhand Agriculture
Produce Mandi (Development & Regulation) Act, 2011 the Governor makes the
following rules by superseding all existing rules on this subject: CHAPTER-ONE PRELIMINARY (1)
These rules may be
called the Uttarakhand Agriculture Produce-Private Mandi (Development &
Regulation) Rules, 2016. (2)
It shall extend to
the whole of Uttarakhand State. (3)
It shall come into
force on such date as the State Government may, by notification in the official
Gazette, appoint. (1)
In these rules
unless context otherwise requires; (a)
"Act"
means the Uttarakhand Agriculture Produce Mandi (Development & Regulation)
Act, 2011; (b)
"Form"
means the form enclosed with these rules; (c)
"Licensing
Authority" means the authority to which the application is to be made for
giving license or for the renewal of license under the provisions of the Act; (d)
"Hill
region" means the region more then 3000 feet from the sea level; (e)
"Non-Hill
region" means the region less than 3000 feet above from the sea level; (f)
"Private
Mandi" means a mandi of all or any agriculture produce specified in the
notification issued under section of the Act and which is managed by a person
other mandi society men. It includes e-market also; (g)
"License
holder" means a person holding a license, certificate issued under these
rules; (h)
"Secretary"
means the Chief Executive Officer of Agriculture Produce Mandi; (i)
"Section"
means a section of the Act; (j)
"State"
means the State of Uttarakhand; (k)
"Joint
Family" shall mean the same as the meaning is assigned to it under the
Indian Income Tax Act; (2)
The words and
expression used in the Act but not defined in these rules shall have the same
meaning as assigned to them in the Act. CHAPTER-TWO ESTABLISHMENT AND OPERATION OF
PRIVATE MANDI Establishment of
Private Mandi:- (1)
Under Section 83
of the Act, the State Government may sanction a license to a person, registered
firm company, Government/Semi-Government establishment/society registered under
cooperative society, undivided joint family for the purpose of establishment of
a private mandi for sale-purchase, processing, export value addition, grading,
packaging and transaction of one or more than one specified agriculture
produce, to a particular place situated in mandi area. (2)
To establish a
private mandi the concerned person, registered firm, company, Government,
Semi-Government institutions, registered institution under cooperative
societies shall make application in form no. 17(a) (1) to the State Government. (3)
After obtaining
license from the State Government, the sponsor shall make arrangements,
sale-purchase facilities, maintenance, monitoring etc. (4)
Registration for
e-trade may be made only of such license holders or traders who are already
holding license for general trade in any Mandi Society. (1)
The amount of
license fee (issue/renewal) for establishment of private mandi shall be as
under:- (a)
Hill region- Rs.
1,00,000/- (Rs. One lac only) (b)
Non-Hill region-
Rs. 2,00,000/- (Rs. Two lac only) (1)
These shall be
following terms and conditions for establishment of private mandi. (a)
The area of land
selected for establishment of a private mandi shall be minimum 2.5 acres in
non-hill area district headquarters, minimum 1/2 acres in other non-hill region
and minimum 1/2 acres in hill areas. (b)
After the
acceptance of private mandi license by the Government, the license holder shall
be required to make necessary constructions and investment as per project
within 03 years. (c)
Only agricultural
products business shall be transacted in the private mandi. (2)
Development of
basic infrastructure in private mandi by the license holder:- (a)
The license holder
of private mandi shall have to compulsorily provide general facilities like
auction platform sheds, shops, godowns, latrines, urinals, carriage/street
lights etc in the mandi yard for the producers and persons using private mandi
and shall compulsorily construct minimum ten commercial shops for wholesale
transaction of agricultural produce. (b)
The person,
firm/company operating the private mandi shall, in addition to the basic
infrastructure, ensure stall and seeds, organic fruit and vegetables, milk and
other services for farmers. (c)
In addition to the
facilities described in above sub-rule (a) and (b) the person, firm/company
operating private mandi may provide other services like ripening chambers,
farmers rest house, warehouse, cold storage including controlled atmosphere
cold storage) fruit ripening facilities for consumers, Bhawan having grading
line, lab facilities for evaluation of quality of produce after the processing
to determine farmers health and plant health protection measure compost seeds,
e-auction, e-display of states of different agriculture produces etc. Procedure for
obtaining acceptance of license for private mandi shall be as under:- (a)
The applicant
shall apply to the state government in form no. 17 (a) (1) in two copies. (b)
A demand draft for
Rs. 5,000.00 in favour of Director, Agriculture, Uttarakhand is to be submitted
as application fee. This amount shall be refundable. (c)
Prescribed license
fee in the form of demand draft in favour of Director, Agriculture shall be
submitted along with the application form. Application without license fee
shall not be considered. The license shall be valid for ten years. (d)
Along with
application a certificate signed by the collector of the district or an officer
authorised by him not below the rank olf Sub-District Magistrate in respect of
ownership of land being undisputed and the land deeds regarding the proposed
land is required to be submitted. In case of land being acquired on lease the
proof in respect olf lease registered agreement of minimum 10 years is to be
enclosed with the application. (e)
To establish a
private mandi, the applicant of license shall be required to enclose the
details of his income tax returns for the last three years in confirmation of
his financial status or the details of his permanent assets with their value
determined by a chartered accountant. (f)
For establishment
of a private mandi a detailed project report is required to be submitted giving
the details of information regarding place of establishment of mandi,
processing classification, export, value addition, grading, proposed amount to
be spent on facilities like packing and transaction, such as lodging and
boarding for producers bringing their yield to the mandi, lab for evaluation of
quality of agriculture yield after processing to accomplish the requirements
consumers health and plant health protection, auction platform, shops, godown,
cold storages, lavatories, internal roads, (1)
Terms and
conditions for conducting private mandi shall be as under:- (a)
After obtaining a
license from the competent level to start business in private mandi, the
secretary of the concerned mandi samiti shall issue the entry slip and mandi
fees, register, form-6, form-9, gate pass, etc as prescribed in Act rules and
sub-rules and the prescribed forms shall be compulsorily used in the private
mandi. (b)
The permission to
traders and mandi related works shall be given by the private mandi owner/manager
and shall be intimated to concerned mandi secretary. Provided that the
traders having private mandi license permission for processing, value addition,
grading, packaging shall be required to carry out processing, value addition,
grading, packaging, inside the private mandi only. (c)
Recovery of mandi
fees and development cess due on each transaction made in the mandi shall be
made by the owner/manager of private mandi from the traders as per provisions
of the Act and it shall be the responsibility of the owner/manager of private
mandi to that all the amounts to be sent to mandi society is deposited within
15 days, failing which interest shall be recovered as per provisions of the
Act. The rate of interest shall be as prescribed for traders in the Act, rules
and sub-rules. (d)
The license holder
of private mandi business shall ensure cash payment to farmers against the sale
of their products by issuing them voucher (Form no. 6). (1)
The monitoring by
Uttarakhand Agriculture Produce Marketing Board/Agriculture Marketing
Department/Agriculture mandi Society shall be as under: (a)
The Managing
Director or the authority named by him, shall have the right to inspect private
mandi yard. (b)
The license holder
for private mandi shall be required to use forms prescribed in rules and
by-laws made under mandi Act of the Mandi Society. In each case of default of
cess the secretary of the mandi society shall have the right of enforcement on
entrance and exit gates and premises olf the private mandi. (c)
The license holder
shall submit monthly statement of all buying and selling in private mandi to
the concerned Mandi Society. (d)
The secretary of
mandi society olf an officer authorised in this behalf by the state government
or managing director of the Board, shall have the power to enter and search the
premises, and in case of contravention of any provisions of the Act, rules by laws,
to requisition and take any lawful action. In matters of search and requisition
under this section the provisions of section 100 of Penal Procedure Code, 1973
(Act no. 3, year 1974) shall definitely apply. (e)
The license holder
shall use the Mandi cess to provide comfort and facilities to farmers and shall
deposit the whole amount of development cess in the concerned mandi society. (f)
The arrangements
concerning the management of private mandi shall be made by the State
Government/Managing Director or his authorized representative as per time to
time directions, rules, Acts and policies.UTTARAKHAND AGRICULTURE
PRODUCE PRIVATE MANDI (DEVELOPMENT & REGULATION) RULES, 2016
PREAMBLE