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I
w,1984
+'
(2-D) A Governmect servant serving in any committee on deputation on any post in the cadre, referred to in sub section ( I ) Who opts
against absorption or wbo is not found suitable, shall be reverted to his
parent department and, if having regard to his seniority, a post is not
available for him in the parent department his services shzll stand
terminated with effect fro= the date of the order of reversion. on the
ground of abolition of post and, on such termination, he shall be
entitled t o receive, from the State Government, compensation equivalent to the amount mentioned in sub-section (2-C)".
Amendment of
section 40.
Reptal and
savmg.
By orr'er.
B. L. LCOMBA.
Sachiv.
* o ~ o ~ o * o - - ~ o 1~ 6o1 m0 ( f q ~ r ~ ) - - ( 2 2 ~ ~ ) - - 1 9 8 4 - - - 7 5(*o)
~
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ACT
further to amend the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964.
IT IS HEREBY enacted in the Fifty-fifth Year of the Republic of India as
follows:CHAPTER- 1
Preliminary
1.(1) This Act may be called the Uttar Pradesh Krishi Upadan Mandi Vidhi
(Sanshodhan) Adhiniyam, 2004.
section 2 0fU.P.
m , 25 of
1961
-&nendmcntof
3. In section 8 of the principal Act, in sub-section (2) for clause (b) the
following clause shall be substituted, namely:-
scdion8
"(b) a new Market Commi* shall be constituted for the modified or newly
aeated Market Area in accordance with the provisions of section 13."
S
4. For sections 13, 13-4 14, 14-A and 14-B of the principal Act the
following sections shall be substituted, namely:-
14-B
Codtu-
tiomof
cuuuniaet
'
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of consumers;
(2) Out of the persons nominated under clause (0of sub-section (I),
(a) two members shall be residents of any of the Gram
Panchayat exercising jurisdiction over any part of the Market Area;
Area who obtained Sale Vouchers in Form no. VI of last three years
fiom the Committee, out of which one member shall be belonging to
the Scheduled Castes or the Schedule T n i s and the other h m
other backward classes of citizen.
(3) Every Committee shall have a C h a i i nominated by the State
Government from amongst the members referred to in clause (0of subsection (1) and a V i c e - C h a d nominated by the State Government h m
amongst the members of the Committee,
(4) (a) The term of the Committee constituted under subsection (I)
Government.
(b) The term of the office of the Chaiian,the V
the members shall be Co-terminus with the Committee.
n and
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13-A. (a) A member of the Committee may resign fiom his office by
writing under his hand addressed to the Chairman. he' resignation shall
take effect from the date on which it is accepted by the Chairman with the
prior approval of the Director;
Resignation of
members and
nomination in
certain
circumstances
Removal of
memben, ViceChairman and
Chairman of the
Committee
Stspasion of the
Committee
Collector..
(2) Where tfie circumstances so warrant the Director may send its
report for dissolution of the Committee to the State Govemment within
three months &om the date of its suspension.
(3) The director shall forthwith report about suspension under section
1 3 4 to the State Government and if no adverse direction or order is
received to the Director fiom the State Government within 15 days the
suspension shall continue, for the period directed in the first order
otherwise he shall act according to the directions of the State Government
in the matter.
13-E. If at any. time the State Government, on the report of the Dissolution of
Director is satisfied that any Committee has made a willfil default in the Committee
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 aerefor dissolve the Committee by publication thereof in the
official Gazette.
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Collector exercise, discharge and perform the powers, duties and fhctions
of Chairman, vice-~hdrmanand the Committee, until the new Committee
is constituted under secdon 13.
5. In section 15 of the principal Act for the words "elected, nominated or
appointedn the words, "nominated or appointed by the State Government" shall be
mbstituted
6. Afler section 17 of the principal Act, the following *ion
shall be
inserted, namely:"17-A (1) Notwithstand'hg any thing to the contrary contained in any
other provisions of this Act where the State Government is of the opinion that
it ishekssary and expedient in public interest so to do, in order to encourage
Units in the State and to p r o m e the
establishment of Agro P&mg
marketing of the Specified Agricultural Produce to be used as raw material by
the said unit it may on application or otherwise by notification exempt h m
or reduce the rate of mandi fee (excluding Development Cess) or such
specified a&riculhue produce or produces as may be used by the newly
established unit which fulfilis the condition that the cost of its plant and
machinery shall not be less than ten crore rupees, for such period as may be
specified therein, not exceeding five years subject to such conditions and
restrictions as may be specified therein.
(2) The State Government on being satisfied that it is expedient s o to do, in
public interest may, by notification;rescind any of the notification issued under subsection ( I )before the expiry of the period for which it was to remain in force."
7 . in section 26-B of the principal Act, in clauses Cg) and Q for the word
"elected" wherever it occurs, the word "nominated" shall be substituted
Amendment of
section 40
(b) for clause (ii) the following clause shall be substituted, namely:"(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".
(c) clause (iiij)shall be omitted.
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Repeal of U.P.
Act no. 7 of
1972 and
wings
. CHAPTER-4
Miscellaneous
U.P.
Ord'MI.
140f
2003
11. For the removal of doubts*it is hereby declared that the powers,
functions and duties of a Market Committee its Chairman and ViceChairinan vested in the Distrid Magistrate concerned under d o n 2 of
the Uttar Aadesh Wshi Utpadan Mandi !$unitis (Alpkalik V y a v a a )
Adhiniyam, 1972 immediately befm Octob&'l4,20(13 shall be deemed to
have validly continued to be sd'vested in such District Magistrate and
anything done or any action taiqn by the District Magistrate in exercise,
perfand the discharge ofthe said pea-fik~ctions and duties at
any time on or after October 14;-3
shall be deemed valid as if the
provisions of the said Act amended by this Oniinance were in force at
all material times.
Vatidation
Repeal-
STATEMENT OF OBJECTS-ANDREASONS
, (U.P.Act
Sections 13,13-A and 14 of the Uttar Pradcsb Krishi Utpadan Mandi ~ & n i ~ a m1964
no. 25 of 1964) provided respectively for the constitution of Market Committees with elected and
nominated members, presentation of election petitions to such authority and within such time as may be
prescribed and Constitution of first Committees and new Committees. As the market Commi#ees could
not be constituted in accordance with the provisions of the said section 13, the exercise of powers,
discharge of duties and performance of functions of a Market Committee, its C h a i i a n and ViceChairman had been vested in the District Magistrates by the Uttar Pradesh Krishi Utpadan Mandi Samitis
(AJpakalik Vyawastha) Adhiniyam, 1972. It was, therefore, decided to amend the said Act of 1964 to
provide for the Constitution of Market Committees by nominating the members thereof instead of by
holding the elections of such members as has been provided in other States such as Tamilnadu, Punjab,
Delhi, Andhra Pradesh, Hariyana and to repeal the said Act of 1972. The Uttar Pradesh Krishi Utpadan
Mandi Vidhi (Sanshodhan) Adhyadesh, 2003 (U.P. Ordinance no. 14 of 2003) was promulgated by the
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Governor to implement the said decision. The Provisions of the said Ordinance could not be replaced by
an Act and the Ordinance was lapsed TherezIfter it was decided to repromulgate with respective effect the
provisions of the said Ordinance by amther Ordinance. It was also decided to provide for empov?ering the
State Government to exempt from, or reduce the rate of, mandi fee in respect of certain specified
agricultural produce.
Since the State Legislature was not in session and immediate Legislative action was necessary to
implement the aforesaid decisiun, the Uttar Pradesh Krishi Utpadan Mandi Vidhj (Sanshodhan)
Adhyadesh, 2004 (U. P. Ordinance w. 10 of 2004) was promulgated by the Governor on June 28,2004,
This Bill is introduced to replace the aforesaid Ordinance.
By order,
D. V. S W A ,
Pramuwl Sachiv.
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