(Act No. 8 of 27)
[October 8, 20]
Laws aimed at developing and expanding agricultural marketing systems for farmers, producers, agribusinesses and consumer subsidiaries to strengthen the national economy.
As it is expedient and necessary to make provisions for the development and expansion of agricultural marketing system for farmers, producers, agribusinesses and consumer subsidiaries for the purpose of strengthening the national economy;
Therefore, the law is hereby made as follows: –
The first chapter is
Short title and introduction
- Short title and introduction (1) This Act shall be called Agricultural Marketing Act, 20.
(2) It shall be effective immediately.
- Unless there is anything repugnant in the subject or context, under this Act-
(1) “employee” means an employee of the Directorate of Agricultural Marketing;
(2) “cool chamber” means the place or establishment of temporary storage of agricultural produce;
(4) “agricultural instrument” means the agricultural substance described in Schedule II;
(3) “agricultural commodity” means agricultural commodities and processed agricultural commodities described in Schedule I;
(3) “Agricultural marketing” means the activities related to transportation, storage, classification, standardization, processing and procurement, from the production stage of agricultural commodities and agricultural commodities to the consumer;
(4) “Directorate of Agricultural Marketing” means the Directorate of Agricultural Marketing under the Ministry of Agriculture;
(4) “Agribusiness” means a person licensed under section 4;
(4) “Agro-based industrial entrepreneur” means a person or institution operating an agribusiness based industry;
(3) “warehouse” means any building, establishment or part of a building for the preservation of agricultural produce and agricultural goods;
(4) “Schedule” means any application of this Act;
(3) “notified market” means a market declared under section 4;
(12) “Notified grain” means the crop declared under section 4;
(3) “regulation” means the regulations made under this Act;
(3) “criminal procedure” means the Code of Criminal Procedure, 1898 (Act No. V of 1898);
(4) “market” means the market for hats in accordance with the provisions of section 2 (12) of the Sate Acquisition and Tenancy Act, 1950; And will also include places such as farms, agricultural commodities and processed agricultural commodities, such as shops, supermarkets, shops or web-based shops;
(3) “market trader” means a wholesaler, intermediary, stockholder, commission agent or broker, weigher, specimen collector, farmer, or merchant, intermediary in the sale and sale of agricultural commodities and agricultural commodities;
(4) “Rule” means the rules made under this Act;
(4) “person” means any person, institution, company, registered or not, marketer, warehouse owner, mortgage owner and agricultural trader;
(4) “consumer” means any person who buys and uses any agricultural commodity, agricultural commodity or service in full or partial price repayment or promise to pay the price, or to pay the deferred price, without repurchase and commercial purpose;
(20) “reserves” or “warehousing” means the preservation of agricultural commodities or agricultural materials in their own or rented warehouse or mortgage for a specified period;
(27) “reservist” means a person who has stored or transferred the agricultural goods to the warehouse or mortgage, and who has been legally appointed and appointed by the warehouse or mortgagee to carry or confer a contract against the goods;
(22) “Director General” means the Director General of the Directorate of Agricultural Marketing;
(20) “Market charge” means the clause given by the buyer or seller in exchange for providing services such as weighing, measuring, sampling collection, mediation of the sale, sale or purchase of agricultural produce in any known market, or any other functioning related to such sale and sale. Commissions or fees determined by the government under it;
(20) “License” means a license granted under this Act;
(20) “supplier” means any person or institution providing agricultural goods or agricultural products;
(28) “super shop” means a retail sales center, where a variety of commodities including agricultural commodities are purchased;
(21) “Himagara” means the place or establishment of artificial cooling of agricultural produce for a relatively long time.
- Whatever the law may be for the time being in force, the provisions of this Act shall prevail.
Activities of the Department of Agricultural Marketing
- For the purposes of this Act, the functions of the Department of Agriculture Marketing shall be as follows: –
(a) Management of Agricultural Marketing Information;
(B) formulating and implementing agricultural pricing policy;
(C) to take effective steps in agricultural marketing and development of agribusiness;
(D) to provide the necessary support for the creation of a market link between the farmers and the agricultural commodities and to provide a sound supply;
(E) conducting economic research on agricultural production and marketing and business;
(F) to expand the modern marketing system of agriculture by establishing close links with farmers, agricultural traders, processors, exporters and business associations engaged in agricultural production and trade;
(G) strengthening of the construction and management of market infrastructure, warehouses, glaciers, cultivators, etc. in the field of agro-production in the interest of good marketing;
(H) monitoring of warehousing or warehousing of agricultural commodities and agricultural commodities, quality of products, tenure, disposition and sale and sale activities at the proper weight;
(I) Determination and implementation of minimum value of agricultural produce and reasonable prices;
(J) to assist in the value addition and processing of agricultural products;
(K) to provide price support for agricultural products;
(L) expansion of domestic and export markets of agriculture;
(D) to take necessary steps for the development, promotion, promotion and promotion of contractual marketing system based on agro-based industries and businesses;
(4) to register marketplaces or agricultural business associations, associations, associations, agro-based organizations and cooperatives, in the manner prescribed by the rules, and, if necessary, to form a federation or consortium of agro-based organizations at national and district levels;
(O) inspect, monitor and monitor the quality of agricultural products stored in the super shop for sale, to monitor the prescribed prices and marketing activities;
(T) preservation, inspection and monitoring of standards regarding marketing activities of agricultural products and agricultural commodities; And
(f) to perform other duties assigned by the Government.
Proposed Market Announcements, Licenses, Management, Etc.
- (3) The Government may, by notification in the Official Gazette, declare any market for the sale and sale of agricultural commodities and agricultural commodities as the proposed market, from the date specified in the notification.
(2) A person may not operate as a businessman in the proposed market without obtaining a license.
(4) Subject to payment of procedures, forms and fees prescribed by the Rules for the license under sub-section (2), the Director-General shall apply.
(4) Upon receipt of an application under sub-section (1), the Director-General or his empowered employee may, in the manner and conditions prescribed by the rules, issue a license to operate the business as a marketer in a certain prescribed market.
(3) The Marketplace shall be regulated and governed in the manner prescribed by the Rules.
Warehouse and mortgage license
- (4) No person may operate a warehouse or mortgage for business purposes without obtaining a license under this Act.
(2) Any person wishing to operate a warehouse or mortgage shall apply for a license to the Director General, subject to the procedure, forms and fees prescribed by the Rules.
(4) Upon receipt of an application under sub-section (2), the Director-General, or an employee empowered by him, may, if satisfied with the inquiry, issue a license to operate a warehouse or mortgage, in the manner and conditions prescribed by the Rules.
License by exporter, importer, etc.
- (4) Persons, including exporters, importers, dealers, millers, suppliers, processors, and contract farming personnel of agricultural commodities and agricultural commodities must obtain a license to carry out operations.
(2) Subject to payment of procedures, forms and fees prescribed by the Rules for the license under sub-section (1), the Director-General shall apply.
(4) Upon receipt of an application under sub-section (2), the Director-General or an employee empowered by it may issue a license, in the manner and conditions prescribed by the Rules.
Explanation.- For the purposes of this section, the words “Miller” and “Processor” shall refer to such person under whom a minimum of 5 (ten) workers are employed.
License expires, renewals and fees
- Subject to the provisions of this Act, the term of the license, renewal and fee shall be determined by the rules.
Transfer of license is forbidden
- No person can transfer his / her license to any other person.
License suspension and revocation
- If a person breaches the terms of the license, the Director-General or his / her authorized employee may suspend or revoke the license in the manner prescribed by the Rules.
Conservation and management of stored products
- The storage and management of agricultural produce stored in each warehouse or refrigerator shall be controlled and operated in the manner prescribed by the Rules.
Delivery of emergency products
- The owner of the warehouse or refrigerator will be obliged to supply the goods stored in the warehouse or refrigerator as per the demands and directives of the government to deal with the emergency or crisis.
Show license during inspection
- (4) The Director-General, or any employee authorized by him, may inspect and inspect any warehouse or mortgage license, machinery, equipment, stored farm produce, accounts and documents.
(2) Any member of the District or Upazila Agricultural Marketing Coordination Committee or any employee empowered by the Director General or his / her supervisor may inspect the market, notified market, warehouse or refrigerator and at the time of inspection every marketer, agricultural trader, warehouse or refrigerator owner shall be required to show license.
constitutes the committee and its functions
- For the purpose of this Act, the Government may constitute ‘National Agricultural Marketing Coordination Committee’, ‘District Agricultural Marketing Coordination Committee’, ‘Upazila Agricultural Marketing Coordination Committee’ and ‘Market Based Management Committee’.
(2) The composition and functions of the committee referred to in sub-section (1) shall be determined by rules.
Proposed Crop, Market Charges, etc.
Declared grain proclamation
- (4) To deal with emergencies or crises, the Government may, by notification in the official Gazette, declare one or more agricultural commodities as the proposed crop for the entire country or specific area, for the period mentioned in the notification.
(2) The Government may, if necessary, determine the area-wise and fixed prices of the crops as prescribed under sub-section (1).
Market Charges & Rentals
- The Government may, in consultation with the Director General, by notification in the official Gazette,
(a) determine the market charge for the proposed market;
(B) may determine the rate of rent payable by the owner of the warehouse or mortgage for the storage or storage of agricultural goods and warehouses.
- The Director General or the empowered employees thereof, any member of the District or Upazila Agricultural Marketing Coordination Committee may seek the market information, including market information, to the market owner, agricultural dealer, warehouse or glacier owner, super shop and agro-based industrial entrepreneur and they will be obliged to supply it.
Accept the assistance of other authorities
- The Director General may, if necessary, seek the assistance of a law enforcement agency or any other government or statutory authority for the exercise or exercise of any powers under this Act.
The fifth section is
Crime and Punishment
Crime and punishment
- (3) a person –
(a) conducts work without obtaining a license under Sections 5, 6 and 9;
(B) transfer the license;
(C) collecting additional market charges or rent as prescribed in section 4;
(D) prevent the Department of Agriculture Marketing or any of its employees from acting under this Act or provide the required information;
(E) without displaying the wholesale and retail sale price of the agricultural commodities and agricultural commodities owned by him in a public place or in a wrapping or display of the goods;
(F) the percentage of nutrients and ingredients of the product in the wrap of agricultural produce, the date of production and expiration, and the highest retail price without mentioning it or selling it for sale or expiration;
(G) use any chemicals or other products that are harmful to public health in agricultural products;
(H) giving less in weight at the time of sale of agricultural commodities and agricultural commodities;
(I) violates the provisions of section 12;
(J) the original receipt of the purchased product is not stored in the shop or business establishment;
(K) obstructing the sale of agricultural commodities, wholesale or retail, in the hats market that is approved or approved by the Government;
(L) obstruct the supply of agricultural goods and agricultural products or in any way create an artificial crisis in the market or refuse to sell it to the retailer or consumer from its warehouse or refrigerator despite the demand in the market;
(D) artificial crisis of agricultural commodities, agricultural commodities and essential commodities, or taking more profits from the rate prescribed by the Government;
It shall be deemed to be an offense under this Act and shall be punishable by a term not exceeding one (one) year, or a fine not exceeding one (one) lakh rupees, or both.
(2) If a person commits the same offense again after being punished for an offense under this Act, he shall be punishable with double the penalty fixed for that offense.
The sixth chapter is the
prosecution, trial, appeal, etc.
Crime committed by the organization
- In the event of any offense committed by an organization under this Act, any direct director, partner, chief executive, manager, secretary, or any other officer or employee of the organization shall be deemed to have committed the crime, unless he has proof. That the crime may have been committed unknowingly, or that the crime could have been prevented. He has done his best to live.
Explanation.- In this section –
(a) “organization” means a company, statutory body, commercial enterprise, partnership business, association or organization composed of multiple persons; And
(b) in the case of a commercial organization, “director” shall mean any partner or member of the board of directors.
Taking the offense to justice
- No court shall accept a case under this Act without the written complaint of the Director General or any employee empowered by it.
Executability and security of crime
- Offenses under this Act shall be non-cognizable and bailable.
Investigations, Trial Procedures, etc.
- The provisions of the Criminal Procedure Code shall be applicable for investigation, trial, appeal and other related offenses committed under this Act.
Criminal trial by magistrate
- Offenses under this law shall be judged by a first class Judicial Magistrate or Metropolitan
Special power of Magistrate in imposing penalties
- Regardless of the nature of the criminal procedure, a first class Judicial Magistrate or Metropolitan Magistrate may impose penalties under this Act.
Mobile court jurisdiction
- Notwithstanding anything to the contrary in this Act, the mobile court may impose a penalty, pursuant to the provisions of section 28, for the purposes of the Mobile Court Act, 24 (Act No. 2 of 24), subject to the enactment of that Act, in the case of a crime committed under this Act. .
- (4) The Director-General or his empowered employee may settle the businessmen, agricultural traders, farmers, buyers and dealers, warehouses and mortgage owners, stockmen, commodities dealers, contract farming parties or any other party in respect of the application of the person concerned.
(2) If any party is offended by a decision made by the Director-General or an employee empowered by him in connection with the dispute under sub-section (1), he shall, within 7 (seven) days of the issuance of the said decision,
(a) against the decision of the employee empowered by the director general. ; And
(b) may appeal to the Government against the decision of the Director General and the decision of the Appellate Authority shall be final.
Ability to make rules
- For the purpose of this Act, the Government may, by notification in the Official Gazette, make rules.
Power to make regulations
- For the purpose of this Act, the Director General may, with the prior approval of the Government, by notification in the Official Gazette, make such regulations not inconsistent with this Act or Rule.
Revision of the criteria
- The Government may, by notification in the Official Gazette, amend the schedule.
Cancellation and custody
- (4) The Agricultural Produce Markets Regulation Act, 1964 (East Pakistan Act No. IX of 1964) and Warehouses Ordinance, 1959 (East Pakistan Ordinance No. LXVI of 1959), then referred to as the Act and Ordinance, respectively, were hereby repealed.
(2) Notwithstanding the repeal under sub-section (1), under the said Act and Ordinance-
(a) any act or undertaking undertaken or any license granted or proceeding under this Act shall be deemed to have been done, taken, given or given under this Act. Shall be
(B) any rules made, except those consistent with the provisions of this Act, shall be deemed to be made under this Act; And
(c) if any case filed is pending, it shall be settled as if the Act and Ordinance were not repealed.
Publish translated text in English
- (3) After the enactment of this Act, the Government shall, by notification in the Official Gazette, publish an Authentic English Text translated into English of the original Bengali text of this Act.
(2) In the case of a dispute between the Bengali text and the English text, the Bengali text shall prevail.