8. Dispute Resolution Mechanism for farmers.—(1) In case of any dispute arising out of a
transaction between the farmer and a trader under section 4, the parties may seek a mutually
acceptable solution through conciliation by filing an application to the Sub-Divisional Magistrate who
shall refer such dispute to a Conciliation Board to be appointed by him for facilitating the binding
settlement of the dispute.
(2) Every Board of Conciliation appointed by the Sub-Divisional Magistrate under sub-section
(1), shall consist of a chairperson and such members not less than two and not more than four, as the
Sub-Divisional Magistrate may deem fit.
(3) The chairperson shall be an officer serving under the supervision and control of the SubDivisional Magistrate and the other members shall be persons appointed in equal numbers to represent
the parties to the dispute and any person appointed to represent a party shall be appointed on the
recommendation of that party:
Provided that, if any party fails to make such recommendation within seven days, the SubDivisional Magistrate shall appoint such persons as he thinks fit to represent that party.
(4) Where, in respect of any dispute, a settlement is arrived at during the course of conciliation
proceedings, a memorandum of settlement shall be drawn accordingly and signed by the parties to
such dispute which shall be binding upon the parties.
(5) If the parties to the transaction under sub-section (1) are unable to resolve the dispute within
thirty days in the manner set out under this section, they may approach the Sub-Divisional Magistrate
concerned who shall be the ―Sub-Divisional Authority‖ for settlement of such dispute.
(6) The Sub-Divisional Authority on its own motion or on a petition or on the reference from any
Government agency take cognizance of any contravention of the provisions of section 4 or rules made
thereunder and take action under sub-section (7).
(7) The Sub-Divisional Authority shall decide the dispute or contravention under this section in a
summary manner within thirty days from the date of its filing and after giving the parties an
opportunity of being heard, he may––
(a) pass an order for the recovery of the amount under dispute; or
(b) impose a penalty as stipulated in sub-section (1) of section 11; or
(c) pass an order for restraining the trader in dispute from undertaking any trade and
commerce of scheduled farmers’ produce, directly or indirectly under this Act for such period as
it may deem fit.
(8) Any party aggrieved by the order of the Sub-Divisional Authority may prefer an appeal before
the Appellate Authority (Collector or Additional Collector nominated by the Collector) within thirty
days of such order who shall dispose of the appeal within thirty days from the date of filing of such
appeal.
(9) Every order of the Sub-Divisional Authority or Appellate Authority under this section shall
have force of the decree of a civil court and shall be enforceable as such, and decretal amount shall be
recovered as arrears of land revenue.
(10) The manner and procedure for filing a petition or an application before the Sub-Divisional
Authority and appeal before the appellate authority shall be such as may be prescribed.
9. Suspension or cancellation of right to operate in electronic trading and transaction
platform.–(1) The Agriculture Marketing Adviser, Directorate of Marketing and Inspection,
Government of India or an officer of the State Government to whom such powers are delegated by the
Central Government in consultation with the respective State Government may, on its own motion or
on a petition or on the reference from any Government Agency, take cognizance of any breach of the
procedures, norms, manner of registration and code of conduct or any breach of the guidelines for fair
trade practices by the electronic trading and transaction platform established under section 5 or
contravenes the provisions of section 7 and, by an order within sixty days from the date of receipt and
for the reasons to be recorded, he may—
(a) pass an order for the recovery of the amount payable to the farmers and traders;
(b) impose a penalty as stipulated in sub-section (2) of section 11; or
(c) suspend for such period as he deems fit or cancel the right to operate as an electronic
trading and transaction platform:
Provided that no order for recovery of amount, imposition of penalty or suspension or
cancellation of the right to operate shall be passed without giving the operator of such electronic
trading and transaction platform an opportunity of being heard.
(2) Every order made under sub-section (1) shall have force of the decree of a civil court and shall
be enforceable as such and the decretal amount shall be recovered as arrears of land revenue.
10. Appeal against cancellation of right to operate.—(1) Any person aggrieved by an order
under section 9 may, prefer an appeal within sixty days from the date of such order, to an officer not
below the rank of Joint Secretary to the Government of India to be nominated by the Central
Government for this purpose:
Provided that an appeal may be admitted even after the expiry of the said period of sixty days, but
not beyond a total period of ninety days, if the appellant satisfies the appellate authority, that he had
sufficient cause for not preferring the appeal within the said period.
(2) Every appeal made under this section shall be made in such form and manner, and shall be
accompanied by a copy of the order appealed against and by such fees as may be prescribed.
(3) The procedure for disposing of an appeal shall be such as may be prescribed.
(4) An appeal filed under this section shall be heard and disposed of within a period of ninety
days from the date of its filing:
Provided that before disposing of an appeal, the appellant shall be given an opportunity of being
heard.