Punjab Agricultural Produce Markets (General) Rules, 1962

The Punjab Agricultural Produce Markets (General) Rules, 1962

Published vide Notification Punjab Government Gazette (Extra.) Legislature Supplement Part 3, Dated 11.7.1962.

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1. Short title, [-]and commencement.- These rules may be called the Punjab Agricultural Produce Markets (General) Rules, 1962.

(2) They shall come into force at once.

2. Definitions.- In these rules, unless the context otherwise requires, -

(1) "Act" means the Punjab Agricultural Produce Markets Act, 1961;

[(1A) "agency" means an individual society registered as such under the provisions of the Haryana Cooperative Societies Act, 1984 (22 of 1984) or company registered as such under the Companies Act, 1956 (1 of 1956) or firm registered as such under the Indian Partnership Act, 1932 (9 of 1932) authorised by the Market Committee to collect fee in case of fruits and vegetables in notifies market area.]

(2) "buyer" includes a person buying any agricultural produce on behalf of any other person as his agent or servant or commission agent;

(3) "Bye-law" means a bye-law made under sub-section (14) of Section 3 or sub-section (1) of section 44, as the case may be;

(4) "Commission Agent" means a dealer who, on behalf of any other person and in consideration of a commission makes or offers to make a purchase or sale of any agricultural produce or does or offers to do anything for carrying out such purchase or sale;

(4A) "Certified Seed" means seed that fulfills all requirements for certification provided by the Seed Act, 1966 (54 of 1966) and the Seeds Rules, [1968] and to the container of which the certification tag is attached.]

(5) "Director of Agriculture" means the Director of Agriculture, Haryana;

(6) "Deputy Commissioner" means the Deputy Commissioner of the district having jurisdiction over the notified market area or, if such area is situated in more than one district, such Deputy Commissioner of one of these districts as may be specified by the State Government in this behalf;

(7) "Form" means a form appended to these rules;

(8) "Incidental charges" means the charges payable by the seller in lieu of the services rendered in connection with the handling of agricultural produce prior to the finalisation of the bid at the auction, such as unloading, cleaning and dressing charges; [-].

(9) "Kacha Arhtia" means a dealer who, in consideration of commission, offers his services to sell agricultural produce;

(10) "Licensee" means a person holding a licence issued under these rules or the rules hereby repealed;

[(10A) "Maintenance" in relation to house shall include the payment of local rates and taxes and charges for electricity and water.]

[(11) "Market Charges" means all charges payable by the buyer in lieu of the services rendered in connection with the handling of agricultural produce after the finalisation of the bid at the auction, such as the commission of kacha arhtiya, brokerage, auction charges, remuneration for palledari, filling, weighing and sewing]

(12) "Palledar" means a person who assists in loading, unloading, weighing, measuring, cleaning and dressing of agricultural produce;

(13) "Progressive Producer" means a producer who, in the opinion of the Director of Agriculture, carries on agricultural produce on improved lines;

(14) "Register" means the Registrar, Co-operative Societies, Haryana; and

(15) "Seller" includes a person selling agricultural produce, on behalf of any other person as his agent or servant, or commission agent.

[(16) "Sub-Divisional Officer (Civil)", means the Sub-Divisional Officer (Civil) of the Sub-Division having jurisdiction over the notified market area or if such area is situated in more than one sub-division, the Sub Divisional Officer (Civil) of one of the sub-divisions in whose jurisdiction the headquarters of the market committee are located].

3. Constitution of the Board.- [Sections 3 and 43 (2) (1)]. -

For the purpose of enabling the State Government to nominate non- official members -

(i) under sub-clause (i) of clause (b) of sub-section (1) of Section 3, the[Chief Administrator] shall submit a panel of one name from each district;

(ii) under sub-clauses (ii) of clause (b) of sub-section (1) of Section 3, the Director of Agricultural shall submit a panel of three names.

(iii) under sub-clause (iii) of clause (b) of sub-section (1) of Section 3, the Director of Agricultural shall submit a panel of [eight names] two from each division;

(iv) under sub-clause (iv) of clause (b) of sub-section (1) of Section 3, the[Chief Administrator] shall submit a panel of one name from each district;

(v) under sub-clause (v) of clause (b) of sub-section (1) of Section 3, the Registrar shall submit a panel of [eight names] two from each division.

(vi) under sub clause (vi) of clause (b) of sub-section (1) of sub- section 3, the [Chief Administrator]shall submit a panel of one name of one name from each district; and

(vii) under sub-clause (vii) of clause (b) of sub-section (1) of Section 3, the [Chief Administrator] of Panchayats shall submit a panel of [eight names] two from each division.

(2) The panels of names received under sub-rule (1) shall not be binding upon the State Government.

(3) The casual vacancies among non-official members of the Board shall be filled by calling a panel names in the manner indicated in sub-rule (1).

(4) The term of office of non-official members shall commence from the date on which the appointment is notified in the Official Gazette.]

[4. Functions and powers of Chairman, Chief Administrator and Secretary of the Board. - [Section 3(1) and (2)] (1) The Chairman of the Board shall preside over the meetings of the Board.

(2) The Chief Administrator shall, -

(a) be responsible for the administration of the Act and shall subject to any other provision contained in these rules, exercise general control ever the employees of the Board and those of Committees;

(b) enjoy the powers of the Head of the Department as are being enjoying by the Director of Agriculture in relation to matters pertaining to Agricultural Department;

(c) be the competent authority for approving the budgets of the Committees; and

(d) be responsible for the preparation of the annual budget of the Board.

(3) The Secretary of the Board shall, in relation to matters pertaining to the Board, enjoy the same powers as are being enjoyed by a Head of Office in the Agriculture Department in relation to matters of that Department.]

5. Matters on which Board may frame bye-laws.- [Section 3 (14) (C)]. - In addition to the matters specified in sub-section (14) of section 3, the Board may frame bye-laws regulating -

(a) better marketing of agricultural produce and marketing of agricultural produce on co-operative lines;

(b) the grading and standardisation of agricultural produce;

(c) the general improvement in the markets or their respective notified market areas;

(d) the maintenance and regulation of rest-houses, staff quarters and other buildings of the Board;

(e) the procedure for giving aid to financially weak committees;

(f) the allowances payable to the members of the Boards or Advisory Committees;

(g) propaganda, demonstration, publicity and education for improvement of marketing and agriculture;

(h) the classification of the Committees on the basis of their income for the purpose of fixing the grades of their Secretaries and other employees;

(i) the person or persons by whom, and the manner in which, a contract may be entered on behalf of the Board; and

(j) any other purpose which, in the opinion of the Board, is calculated to promote the interests of the Board or the Committees, or to lead to improvement of marketing and agriculture in general.

6. Budget of the Board and Committees.- [Section 3 (13) and 43(2)(xix)]. -The Board shall meet not later than first week of February every year to finalise the budget for the next financial year.

(2) The budget finalised by the Board shall be submitted to the State Government not later than the last week of February preceding the year to which the budget relates.

(3) No expenditure shall be incurred by the Board unless there is provision in the budget to meet the same.

(4) The Board may re-appropriate any amount under the Head of Account to another without prior approval of the State Government.

(5) The provisions of sub-rules (1), (2) and (3) shall, as far as may be, apply to the preparation, finalisation and submission for sanction of the budget to the Committees:

[Provided that the budget in the case of committees shall be submitted for sanction to the [Chief Administrator] of the Board through the Sub Divisional Officer (Civil) and Deputy Commissioner. If it is not received back within two months from the date of despatch by the Committee, it shall be presumed to have been sanctioned.

Provided further that the budget sent by the committees shall not be retained each by the Sub Divisional Officer (Civil) and the Deputy Commissioner for more than ten days each.]

7. Publication of notification under section 6.- [Section 6 (1)]. - (1) Copies of notification issued under section 6 shall be published, under the orders and at the discretion of the [Chief Administrator]of the Board, in one or more of the modes specified below:-

(a) by publication in the [Hindi] language or in such other language and in such newspapers as in the opinion of the [Chief Administrator] of the Board will give due publicity among persons likely to be affected thereby;

(b) by affixing a copy of the notification in the [Hindi] language or in such other language as may be considered necessary by the [Chief Administrator] of the Board, in the office of every Municipal Committee, Notified Area Committee, Panchayat Samiti [-] if any, within whose jurisdiction the notified market area or any part thereof is situated, and at some conspicuous place in the existing market, if any;

(c) by affixing a copy of the notification in the [Hindi] language or in such other language as may be considered necessary by the [Chief Administrator] of the Board, in the principal common meeting place, if any, of every village within the notified market area;

(d) by beat of drum in the village within the notified market area.

(2) The time of publication under clause (a) to (c) and the time and frequency of the drum beating under clause (d) shall be determined by the Chairman of the Board.

(3) The expenses of publication under sub-rule (1) [for the copies of the Notification] issued under section 6 shall be met out of the Marketing Development Fund.

[8. Constitution of Committees. [Section 12(4) and 43(2)(i)]. - (1) For the purpose of enabling the State Government to nominate members under sub-section (2) of Section 12, the Deputy Commissioner of the district concerned should send to the State Government a panel of names equal to double the number of members to be nominated on the committees.

(2) The panel of names received under sub-rule (1) shall not be binding upon the State Government.]

9. Term of office of Chairman and Vice-Chairman of Market Committee.- [Section 43 (2) (iii)]. - (1) The term of office of the Chairman and Vice- Chairman of a Committee shall be co-terminus with the term of office of the members who had elected them.

(2) A chairman or a Vice-Chairman shall cease to function as such -

(a) on the termination of his membership; or

(b) on the acceptance of his resignation given in writing to the Board; or

(c) on the confirmation by the [Chief Administrator] of the resolution passed by the members under sub-section (2) of section 16; or

(d) on his removal from the membership by the State Government under section 15.

10. Powers of Chairman and Vice-Chairman of Committee.- [Section 43 (2) (iii)]. - (1) The Chairman of the Committee shall be its Chief Executive Officer and the employees engaged in connection with the management of the affairs of the committee shall, subject to these rules and the bye-laws of the committees, be subject to his control. He shall initiate the confidential reports of the Secretary and Assistant Secretary of the Committee and send the same to the [Chief Administrator]who shall make annual assessment.]

(2) The Chairman shall convene and conduct meeting of the Committee.

(3) The Chairman shall conduct all correspondence and be responsible for the keeping of accounts and safe custody of cash and other assets of the Committee in accordance with the provisions of the Act, rules and bye-laws framed thereunder.

[(4) The Chairman shall forthwith report to the Secretary of the Board in case any member of the Committee dies or becomes subject to any of the disqualifications mentioned in sub-section (5) of Section 3 read with sub- section (4) of Section 12.]

(5) The Chairman may by an order in writing delegate any of his powers to the Vice Chairman or Secretary, generally, or for such period as may be determined by him and may, at any time and without assigning any reasons withdraw the delegation so made by a like order.

(6) The Chairman shall be competent to grant casual leave to the Secretary and Assistant Secretary of the Committee. For granting other kinds of leave the competent authority will be the [Chief Administrator].

(7) If the Chairman is likely to be absent from the notified market area, or on account of illness or other circumstances, is unable to perform his duties, he shall inform the Vice Chairman in writing accordingly. The Vice Chairman shall there upon act for the Chairman, and while so doing he shall have all the powers and privileges of and be responsible for all the duties of the Chairman. In the event of death of a Chairman the powers, privileges and responsibilities of the Chairman shall be discharged by the Vice Chairman who shall act as Chairman until a new Chairman is elected.

11. Resignation of member of Committee.- [Sections 17 and 43 (2)]. - (1) Any member of a Committee may resign his office by tendering resignation in writing to its Chairman and if, the members tendering resignation is himself the Chairman, he shall submit it to the [Chief Administrator]

Provided that if no Chairman of a Committee has been elected the member may submit his resignation to the [Chief Administrator]

(2) Every resignation received under sub-rule (1) shall forthwith be forwarded by the Chairman of the Committee alongwith his comments to the [Chief Administrator] who shall, with the least possible delay, forward the same with necessary comments to the State Government[which will decide it within two months of its receipt.]

(3) The acceptance of every resignation shall be notified by [the State Government which will decide it within two months of is receipt] in the Official Gazette and the member shall cease to function as such from the date of such notification.

[12. Language for transaction for business. - [Section 43 (2) (vi)]. - The business at the meeting of the Committee shall be transacted in the Hindi].

13. Appointment of disputes sub-committee.- [Sections 19 and 43(2) (xiii)]. - (1) A Committee may appoint a sub-committee called the disputes sub- committee consisting [of]such number of members and other persons as it may think fit, to arrange for the settlement by arbitration of any dispute between a buyer and seller of agricultural produce or their agents including disputes regarding quality or weight of the article, the price or rate to be paid, allowances for wrappings, dirt or impurities or deductions for any cost :

Provided that the Chairman of the Committee shall not be a member of the disputes sub-committee.

(2) The disputes sub-committee shall, for each market yard, appoint a panel of not less than six persons to act as arbitrators in the settlement of the aforesaid disputes. Every person included in the panel shall be either producer living in the notified market area, or dealer doing business in the market yard for which the panel has been appointed.

(3) Where any such dispute arises the parties thereto may agree to the settlement thereof in accordance with the following provisions :-

(a) The disputes shall be reported to the Secretary of the Committee who shall try to settle the dispute. If he fails, the dispute shall be settled in the manner provided in clauses (b), (c), (d) and (e).

(b) Each party to the dispute shall select one arbitrator from the panel appointed for the purpose by the disputes sub-committee. The arbitrators shall, before entering upon the reference, appoint a person from the panel to act as Umpire in case they fail to agree.

(c) If the arbitrators fail to agree the matter shall be referred to the Umpire appointed under clause (b) for decision.

(d) An appeal against the decision of the arbitrator or Umpire, as the case may be, shall lie to the disputes sub-committee and shall be filed within a period of [seven days] form the date of the award.

(e) The decision of the arbitrators or Umpire or, where an appeal has been made to the dispute sub-committee, the decision of such sub-committee shall be final.

14. Duties and powers of Secretary of Committee.- [Section 43(2)(ii)]. - [(1) The Secretary of the Committee shall be the Executive Officer of the Committee. All employees engaged in connection with the management of the affairs of the Committee shall be under his control, and all orders to them shall pass through him. He shall be competent to pass orders with regard to their postings in the principal market yard and sub-market yards, except in the case of assistant Secretaries, according to the requirements of the committee and to grant casual leave to such employees.]

(2) The Secretary shall work under the control of the Chairman of the Committee.

(3) The Secretary shall be entitled to attend all meetings of the Committee or a sub-committee or a joint committee or an ad hoc Committee, except a meeting wherein anything pertaining to him or any of his relatives is to be considered.

Explanation. - Relative for the purpose of this sub-rule shall mean -

(a) father, mother, son, daughter, brother and sister of the person concerned; and

(b) brother and sister of the father of the person concerned; and

(c) father, mother, son, daughter, brother and sister of the wife or husband of the person concerned.

[(4) The Secretary shall advise the Committee and its Chairman in the light of the provisions of the Act, rules and bye laws framed under the act and directions of the Board or of the [Chief Administrator], or Secretary of the Board issued from time to time and previous decisions of the Committee. His opinion shall be recorded in the proceedings of the Committee. The Secretary shall be responsible to send a copy of proceedings of the Committee and sub-committees to the Secretary of the Board immediately but in no case later than three days after the date of meeting.

(5) It shall be the duty of the Secretary to carry into effect the provisions of the Act, rules and bye-laws framed under the Act and instructions of the Board, and the decisions of the Committee and of the[Chief Administrator] of the Committee consistent with the Act, the rules and the bye-laws and instructions of the Board and of the[Chief Administrator] or the Secretary of the Board and to effect maximum improvement in the market.

(6) The Secretary shall see that communications addressed to the Committee by the Chairman or Secretary of the Board are dealt with prompty and efficiently and all correspondence between the[Chief Administrator] or Secretary of the Board and the Committee is laid before the[Chief Administrator] of the Committee for information or action as the circumstances may require.

(7) Subject to sub-rule (5) the Secretary shall have immediately responsibility for carrying on the day to day working of the office of the Committee, maintenance of accounts, punctual rendering of returns, monthly review of the progress made in the enforcement of the Act and safe custody of the cash, the common seal, the minute book and other records and assets of the Committee.

[(8) The Secretary shall make an annual assessment of the work of the employees engaged in connection with the management of the affairs of the Committee and he shall submit the same to the[Chief Administrator] of the Committee who shall take this assessment into consideration while making final assessment of the work of such employees and shall send the same to the[Chief Administrator] of the Board whose remarks shall be final.]

[15. Allowances of members of Board and Committees. [Section 43(2)(xxvi)]. - [(1) For journeys undertaken by the members of the Board for attending meetings or for any other work of the Board for which they specially deputed by it, they shall be paid daily allowance and travelling allowance at the rates to be fixed by the Government from time to time :

(2) For journeys undertaken by the members of the committee including Chairman and Vice-Chairman of the committee (other than the official members) for attending its meeting or for any other work of the committee for which they are specially deputed by it, the shall be paid travelling and daily allowance at the rate fixed by the Registrar, Co-operastive Societies for the members of Group 'B' Co-operative Societies :]

[Provided that in the case of members of the State Legislature they shall be paid travelling and daily allowances according to the rates fixed for such members under the rules governing their allowances.]

(3) For attending the meeting of the Board/Committee the member of the State legislature small be paid traveling and daily allowance according to the rules covering their allowances.

(4) The Chairman of the Committee shall be paid an honorarium of [One Thousand] rupees per month. The Vice-Chairman who performs the functions and duties of the Chairman continuously for a period of not less than fifteen days shall also be paid the said honorarium of [One Thousand Rupees]:

Provided that the total amount of honorarium drawn by the Vice- Chairman in any financial year shall not exceed [Three Thousand] rupees.

[(5) Notwithstanding anything contained to the contrary in sub-rules (1) and (2), the members of the committee, who may come to attend the meetings within a radius of 8 Kilometers of the place of meetings shall be paid allowance, equal to daily allowance fixed under sub-rule (2).]

(6) If in the opinion of the Board, the financial position of a committee does not warrant the payment of travelling and daily allowances according to the scale prescribed above it may fix such scale of daily and traveling allowance in the case of committee as it may think proper.

[15A. Other allowances of Chairman of Board. - (1) There shall be paid to the Chairman of the Board monthly allowance not exceeding [one thousand rupees] as the State Government may fix.

[(2) The Chairman of the Board other than a serving or retired Government employee shall be provided with residential accommodation or in lieu thereof given a lodging allowance, fixed by the State Government from time to time.

(3) The Chairman of the Board, other than a serving or retired Government employee shall be provided with a staff car or in lieu thereof conveyance allowance, fixed by the State Government from time to time.]

[(4) The Chairman if at the time of his appointment as such is a retired Government employee, shall be paid a monthly allowance not exceeding the pay drawn by him at the time of his retirement minus gross amount of pension (including the monthly equivalent of his Death-cum-Retirement Gratuity). He shall also be entitled to [dearness allowance, house rent allowance and Chandigarh compensatory allowance] as admissible to other re-employed Government Employees from time to time.]

(5) In case a serving Officer is appointed as Chairman of the Board in addition to his own duties, he shall continue to draw the same emoluments which he would have drawn in Government Service.

(6) In case a serving Officer is appointed as a whole time Chairman of the Board he shall treated to be on deputation and shall get such emoluments and other allowances as are admissible to him under normal Government rules.

[15B. Emoluments and other allowances of the Chief Administrator. - (1) In case an officer of the Government is appointed as the Chief Administrator of the Board, in addition to his own duties, he shall continue to draw the same emoluments which he would have drawn in Government service.

(2) In case an officer of the Government is appointed as a wholetime Chief Administrator of the Board he shall be treated to be on deputation and shall receive such emoluments and other allowances as are admissible to him under normal Government rules.]

16. References.- [Sections 3 (9) and 43 (1)]. - References from Committees to any Government Department other than district authorities and local bodies shall be made through the Secretary of the Board.

[16A. Registration of contract farming Section 8-A. - (1) Any contract farming sponsor intending to register himself under Section 8A of the Act shall apply in Form A-I to the Secretary of the concerned Market Committee. In case the contract farming sponsor wants registration for more than one Market Committee, he may apply to the Secretary of the Board.

(2) Every such application shall be accompanied with a registration fee of Rs. 5,000/-. The amount shall be refundable only if the registration is denied for any reason. The period of registration shall be three years.

(3) The period of registration may be got renewed by applying to the Secretary of the concerned Market Committee or the Secretary of the Board as the case may be in Form A-II accompanied with a renewal fee of Rs. 2,000/-. The amount shall be refundable only if the renewal of registration is denied for any reason.

(4) Every application for registration/renewal shall also be accompanied with, -

(a) a detailed project report of the business intended;

(b) a statement showing the financial status of the applicant with the support of income tax returns for the previous two assessment years or permanent assets with valuation assessed by a Chartered Accountant;

(c) balance sheet of last two years;

(d) proof of registration under the Companies Act, 1956 (1 of 1956), the Indian Partnership Act, 1932 (9 of 1932), the Haryana Co-operative Societies Act, 1984 (22 of 1984) or a Government agency, as the case may be.

(5) The Secretary of Market Committee or the Secretary of the Board as the case may be shall evaluate the application for registration or renewal submitted by the applicant and after evaluation shall issue the registration certificate to the applicant in Form B-I or renew the registration as the case may be. In case contract farming sponsor violates the provisions of Act, Rule & Bye Laws or conditions of contract agreement, the Secretary of the Market Committee or the Secretary of the Board as the case may be, shall have the power to cancel his registration.

(6) The contract farming agreement between the contract farming sponsor and contract farming producer shall be in Form C-I and it shall be got registered with the District Marketing Enforcement Officer concerned in the presence of both the parties. The agreed rate/contract rate shall not be less than minimum support price of the proceeding year. The buyer shall deposit an amount upto 15% of the total price of the agricultural produce as per agreed rate or minimum support price (if the rate is not agreed upon) or bank guarantee for the sum with the committee in which the land is situated as security. Where there is no minimum support price and no agreed rate, the amount of security shall be calculated at the rate of 15% of the prevailing market rate at the time of agreement. The security shall be released within a period of thirty days after the date of satisfactory performance of the agreement.

(7) In case both the parties want to change any of the terms and conditions of the contract farming agreement, the same shall be effected by the District Marketing Enforcement Officer concerned in the presence of both the parties from time to time as per requirement.

(8) The Secretary of the concerned Market Committee or the Secretary of the Board, as the case may be, shall maintain a record of the contract farming sponsors in Form D-I.

(9) The District Marketing Enforcement Officer concerned shall maintain a record of the contract farming agreements in Form E-I.

(10) The District Marketing Enforcement Officer concerned either himself or on the request of either party shall empower the officials of the Board/Committee or any other Government agency being expert to enter the premises/fields of the parties to contract farming agreement to inspect, supervise and monitor the farming practices adopted and the quality of the produce from time to time. A record as may be necessary in this regard in the form of Kisan Diary or otherwise may also be maintained.

(11) A contract farming sponsor shall submit annual accounts in Form F-I before 30th June every year, to the concerned Market Committee in respect of all transactions undertaken by him during the previous financial year.

(12) If the contract farming sponsor has purchased the produce with an intention to export or processing, then he shall inform to the concerned Market Committee, the same in Form G-I. The contract farming sponsor shall submit a declaration that he is exporting or processing the produce within a period of 90 days from the date of purchase.

(13) If any dispute arises between the parties in respect of any provisions of contract farming agreement, either of the party may submit an application to the Zonal Administrator concerned to resolve the dispute. Every such application shall bear the court-fee stamp of ten rupees. The Zonal Administrator shall resolve the dispute in a summary manner within a period of thirty days after giving the parties a reasonable opportunity of being heard.

(14) [***] It read as;

(14) Any party aggrieved with the decision of the Zonal Administrator may prefer an appeal to the Chief Administrator within a period of thirty days from the date of such decision. Such appeal shall bear the court-fee stamp of fifty rupees. The appellate authority shall dispose of the appeal after giving the parties a reasonable opportunity of being heard and the decision of the appellate authority shall be final.]

17. Licences to dealers. [Sections 10 and 43(3)(ix)].- A person desirous of obtaining a licence under Section 10 of the Act shall apply in form A, in duplicate, to the [Chief Administrator of the Board or any other person authorised by him, in writing in his behalf]through the Secretary of the committee in whose jurisdiction he wishes to carry on his business and shall also deposit with the committee, the requisite licence fee in cash and the security in the form of post office savings bank account duly pledged in favour of the [Chief Administrator of the Board or any other person authorised by him, in writing in his behalf.]

(2) The licence fee and the security for licence issued under this rule shall be as under:-

 

*Substituted for the word "Retailer" by Haryana Notification dated 26.3.1982.

**Substituted by Haryana Notification dated 13.8.1987.

#Word "huller" deleted by Haryana Notification dated 26.3.1982.

Provided that in case of licences issued, before coming into force of the Punjab Agricultural Produce Markets (General) Haryana Second Amendment Rules, 1975, the above rates of licence fee and security shall be applicable with effect from the 1st April, 1976.

(3) Unless otherwise provided in the licence, each licence issued under the Act and these rules shall expire on the 31st day of March following the date of issue.

(4) A separate license shall be required by a person for setting up, establishing or continuing or allowing to be continued more the one place for the purchase, sale, storage and processing of agricultural produce in the same notified market area.

(5) The Secretary of the Committee, or such other official as may be authorised by him to receive such application shall, on, receipt of the application and the pass book in respect of security, ensure that the necessary licence fee and security have been deposited and shall, after verifying the correctness of the facts stated therein, forward the same to the [Chief Administrator of the Board or any other person authorised by him, in writing in his behalf] under [registered post with acknowledgment due] within three days of their receipt in the office of the Committee.

(6) On receipt of the application, the [Chief Administrator of the Board or any other person authorised by him, in writing in his behalf] may grant a licence to the applicant in form B. The licence shall be subject to the conditions mentioned therein.

(7) A record of the licences issued under this rule shall be maintained by the Board as well as by the Committee in form C.

(8) The Secretary will be released three months after the date of the closure of the business, on production of the clearance certificate issued by the Secretary of the concerned committee.

(9) A licensee may apply for the charge of the category of the licence at any time by paying the respective licence fee and security for the licence of the changed category.]

[18. Persons exempt from taking licences under section 8. [Section 8]. (1) Under section 8] the following persons shall be exempt from taking licences for the purchase of agricultural produce :-

(a) confectioners and purveyors of parched, fried or cooked food;

(b) persons using kuhlus, provided that the number of kuhlus installed by them in the notified market area is not more than two.

(c) hawkers and petty retail shop-keepers who do not engage in any dealing in agricultural produce other than such hawking or retail purchases;

Explanation. - For the purposes of this clause and clause (b) of sub-rule (2), a person whose turnover of sales and purchases of agricultural produce does not exceed [sixty thousand] Rupees [during a year or [five thousand] Rupees during any month] shall be treated as a petty retail shop-keeper.

Provided that a dealer importing agricultural produce from outside the State of Punjab shall not be treated as a hawker or a petty retail shop-keeper.

(d) Officials of the State Government and the Central Government when making purchases on behalf of the Government :

Provided that in the case of persons mentioned in clauses (a) and (b) the purchases were made for meeting the vocational needs of the persons concerned.

(e) Omitted

[(f) Omitted.]

(g) The Haryana Khadi Gram Udyog Sangh when making purchases of wool for manufacturing purposes; and

(2) The following shall be exempt from taking licence for the sale of agricultural produce:-

(a) Scheduled banks when proceeding against any agricultural produce belonging to a producer or a licescee under section 10 of the Act to whom money has been advanced against the security of such agricultural produce;

(b) Hawkers and petty retail shop-keepers who do not engage in any dealing in agricultural produce other than such hawking or retail sales;

(c) Officials of the State Government and Central Government when making sales on behalf of the Government.

(d) Persons licenced under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 and the Punjab Warehousing Act, 1957 who carry on exclusively warehousing business, when selling out agricultural produce belonging to any person to whom money has been advanced against security of such agricultural produce.

[(e) Omitted]

[(f) Omitted]

[(2-A.) The following shall be exempt from taking a licence for processing of agricultural produce, namely] :-

(a) Chakkiwalas and Arewalas who do not make any sales or purchases of agricultural produce but have installed their chakkis and Aras (Saw Mills) only for grinding of agricultural produce or for sawing of timber for using it as fire wood as the case may be.

(b) Persons engaged in hand pounding of paddy only.

(3) The officials of the State Government and Central Government exempted from taking licence under sub-rule (1) (d) and (2) (c) and the Haryana Khadi Gram Udyog Sangh exempted from taking licence under sub-rule (1) (g) shall be bound to comply with the provisions of the Act, Rules and bye-laws made thereunder, when making purchases or sales, otherwise than through the agency of a licensee.

(4) A person licenced under the Agricultural produce (Development and Warehousing) Corporations Act, 1956 or the Punjab Warehousing Act, 1957 and the scheduled banks storing agricultural produce pledged with them by a producer or a licencee under section 10 of the Act to whom money has been advanced against the security of such agricultural produce shall be exempt from taking licence in respect of storage business.

(5) If a question arises whether a person is entitled to exemption under sub-rule (1) (c) or (2) (b), the[Chief Administrator] shall assess the turnover of the person concerned after giving him an opportunity of being heard. His decision shall be final and conclusive.

19. Licences to brokers, weighment, measurers, surveyors, godown keepers and palledars.- [Sections 13 and 43 (2) (vii)] - (1) A person desirous of obtaining a licence under sub-section (3) of section 13 shall make an application in Form D to the [Secretary]of the Committee of the notified market area concerned after depositing with the Committee the requisite licence fee.

Provided that in case of palledar no such application in Form D shall be necessary. The [The dealer or palledar himself] shall intimate to the [Secretary] of the Committee in writing full particulars such as name, parentage, residence and full address of the palledar engaged by him and such intimation shall be treated as an application for the grant of a licence.

(2) On receipt of application [Secretary] of the Committee or any other officer duly authorised by the Committee in this behalf may after making such enquiries regarding the conduct and business of the applicant, as he may deem necessary, grant a licence in Form E. The licence shall be subject to the conditions mentioned therein.

(3) The Committee shall maintain a record of licences issued under sub- section (3) of Section 13 in Form C.

[(4) The licence fee for licences issued under this rule shall be as follows] :-

Licence fee

 

(5) The Committee may, on being satisfied that there has been a breach of any of the conditions specified in a licence, by an order in writing, cancel or suspend such licence and may also direct that such licence shall not be renewed for such period not exceeding five months for the first breach and not exceeding nine months for the second breach and not exceeding one year for every subsequent breach as may be specified in that order :

Provided that no such order shall be made without giving the licensee an opportunity to show cause why such an order should not be made.

[20. Change in style and membership of firm. - [Sections 10 and 13] - (1) (a) Where the licensee, holding a licence under Section 10, is a firm, any change occurring in the membership of such firm otherwise than through inheritance, shall mean the constitution of a new from and shall necessitate a fresh licence :

Provided that in the case of a Hindu Joint Family firm, any addition on account of the birth or deletion on account of the death of any male member shall not be treated as bringing about any change in the membership of the firm :

[Provided further that any change in the membership of the firm amounting to constitution of a new firm without any change in its title shall not be treated as bringing about any change in the membership of the firm where the continuing members undertake to own the liabilities of the predecessor-firm], and

(b) Where a change, not necessitating a fresh licence under Section 10 takes place in the membership of a firm, or the firm changes its name without any change in membership thereof, and intimation thereof shall, within two weeks from the date of such change be given to the [Chief Administrator] through the Chairman of the Committee. The Chairman of the Committee shall, after making such enquiry as he may deem necessary, forward the application to the [Chief Administrator] with his comments. The [Chief Administrator] on being satisfied about the correctness of the intimation shall order necessary corrections to be made in the licence. Intimation of such order shall also be given to the Committee concerned, and necessary corrections shall be made in the Register in Form C maintained in the office of the Board and the Committee.

(c) If in a case covered by clause (b) the firm fails to give necessary intimation to the [Chief Administrator] within the specified time, the change in the membership or the name of the firm, as the case may be, shall be deemed to result in the constitution of a new firm necessitating the grant of a fresh licence.

[(d) Omitted]

(2)(a) Where the licensee, holding a licence under Section 13 is a firm any change occurring in the membership of such firm otherwise than through inheritance shall mean the constitution of a new firm and shall necessitate a fresh licence.

Provided that in the case of a Hindu Joint Family firm, any addition on account of the birth of any male member shall not be treated bringing about any change in the membership of the firm.

[Provided further that any change in the membership of the firm amounting to constitution of a new firm without any change in its title shall not be treated as bringing about any change in the membership of the firm where the continuing members undertake to own the liabilities of the predecessor firm.]

(b) Where a change, not necessitating a fresh licence under Section 13, takes place in the membership of a firm, or the firm changes its name without any change in the membership thereof, [-] intimation thereof shall, within two weeks from the date of such change, be given to the Committee concerned [which] if satisfied, after such enquiry as it may consider necessary about the correctness of such intimation, shall order necessary corrections to be made in the licence. The Register in Form C shall also then be corrected accordingly.

(c) If in a case covered by clause (b), the firm fails to give necessary intimation to the committee within the specified time, the change in the membership or the name of the firm, as the case may be, shall be deemed to result in the constitution of a new firm necessitating the grant of a new licence.

[(3) Nothing in this rule shall apply in the case of license granted to a co-operative society.]

21. Renewal of licence and issue of duplicate thereof.- [Section 43(2)(viii) and (ix)]. (1) A licence granted under Section 10 or 13 of the Act shall be valid for the period for which it is issued and shall, subject to any order passed under Section 10(2) of the Act or rule 19(5) be renewable by the authority granting it, on payment of the annual fee prescribed for the issue of such licence. Renewal application shall be made in Form F for licences under Section 10 and in Form G for those under Section 13.

(2) If any area is excluded from any notified market area and included in another, the licences issued under Sections 10 and 13 for the area so excluded shall be deemed to have been issued by the Committee of the notified market area in which the area is included and shall be renewable by the Committee of that area.

(3) An application for the renewal of licence shall be made at least thirty days before the date on which the licence is due to expire :

[Provided that 30 days period of grace will be allowed for getting a [-] licence renewed :

Provided further that the authority competent to renew a licence may, on the applicant's paying a penalty equal to the amount of annual licence fee, grant an application for renewal made within thirty days after the date of expiry of the period of grace. The authority competent to renew a licence may remit the penalty in whole or in part if it is satisfied that the delay was for the reasons beyond the control of the applicant.]

[Provided further that no license shall be renewed for a part of the year.]

(4) Every renewal of a licence granted under this rule shall be deemed to take effect from the date following that on which the licence expired.

(5) Except as provided in sub rule (3), every application for renewal of a licence made after the date of expiry thereof shall be treated as an application for the grant of a fresh licence.

(6) If a licence granted under Sections 10 and 13 of the Act, or renewed under sub-rule (1) above is lost, a duplicate may be issued by the authority which issued the original, on payment by the license of a fee of [Five rupees.]

(7) The fee payable for the renewal of a licence under Section 10 or Section 13 for its duplicate shall be paid to the Committee concerned.

22. Prohibition against grant of certain licences.- [Sections 10, 13 and 43(2)(viii) and (ix)] (1) Except as hereinafter provided, no person shall at the same time hold a dealer's licence under Section 10 as well as a licence under Section 13 or hold more than one licence under Section 13 to act as a functionary in more than one capacity :

Provided that nothing in this rule shall apply to persons dealing in vegetable and fruits.

(2) Nothing in sub-rule (1) shall be deemed to [prohibit any] person licensed as weighman, surveyor or measurer to act in all the three aforesaid capacities.

23. Employing a broker.- [Section 43(2)(xii) and (xiv).] (1) No person shall be bound to employ a broker in any transaction, or be required to pay for a broker employed by any other party to the transaction, or to pay for broker when none has been employed.

(2) Where any person enters into any transaction for the purchase or sale of any agricultural produce through a commission agent, and the commission agent, without a written authority from his principal, employs a broker in connection, with such transaction, the broker's commission shall be payable by, and may be paid out of the remuneration due to, such commission agent.

(3) The same person shall not act as a broker both for the buyer and the seller of an agricultural produce in the same transaction.

24. Sale of Agricultural Produce.- [Section 43(2)(iv).] (1) All agricultural produce brought into the market for sale shall be sold by open auction in the principal or sub-market yard.

(2) Nothing in sub-rule (1) shall apply to a retail sale as may be specified in the bye-laws of the Committee.

(3) A Committee may, and on being directed by the [Chief Administrator] shall, fix timings for the starting and closing of the auction in respect of any agricultural produce, other than fruits and vegetables.

(4) The price of agricultural produce shall not be settled by secret signs or secret bid and no deduction shall be made from the agreed price of the consignment.

(5) The auction shall not be conducted by any person other than the person engaged by the Committee :

Provided that under special circumstances the [Chief Administrator] may allow a Committee to make or permit any alternative arrangement :

Provided further that nothing in this sub-rule shall apply to the auction of vegetables and fruits.

(6) The highest bid offered by a buyer at an auction and at which the seller of the produce gives his consent to sell his produce, shall be the sale price of the produce.

(7) The buyer shall be considered to have thoroughly inspected the agricultural produce for which he has made a bid and he shall have no right to retract from it.

(8) As soon as the auction for a lot is over the auctioneer shall fill in the relevant particulars in a book to be maintained in Form H and shall secure the signatures of both the buyer and the seller or their respective representatives, whoever may be present at the spot :

[Provided that the vegetable and fruit dealers shall be allowed to note down the auction in mundi Bahi instead of register in form H and the Mundi Bahi sh all be paged, properly bounded in a book of at least one hundred pages or multiple thereof and the first and last page thereof of shall be signed, stamped and dated by the Secretary of the Committee or any other official authorised by him in this behalf.]

(8A) A register in form H H shall be maintained in the office of the committee and all heaps of agricultural produce which remain unsold during the course of auction shall be entered in this register. It shall be duty of every Kacha Arhtia to report to the Committee as soon as the unsold heaps are disposed [of].

(9) The buyer shall be responsible to get the agricultural produce weighed immediately after the auction or on the same day the produce is purchased by him and the seller or the buyer shall be liable for any damage to, or loss of, or deterioration in, the produce [-].

(10) A person engaged by a producer to sell agricultural produce on his behalf shall not act as a buyer either for himself or on behalf of another person in respect of such produce without the prior consent of the producer :

[Provided that this sub-rule shall not apply to a Co-operative Society];

(11) The Kacha Arhitya shall make payment to the seller immediately after the weighment is over.

(12) Every Kacha Arhitya shall, on delivery of agricultural produce to a buyer, execute a memorandum in Form 1 and deliver the same to the buyer on the same day or the following day, mentioning sale proceeds plus market charges admissible under rules and bye-laws. The counterfoil shall be retained by the Kacha Arhitya :

Provided that nothing in this sub-rule shall apply where agricultural produce, being vegetable or fruit, not exceeding one quintal in weight is delivered.

(13) In the absence of any written agreement to the contrary the sale price of agricultural produce purchased under these rules shall be paid by the buyer to the Kacha Arhitya on delivery of Form 1.

(14) Delivery of agricultural produce after sale shall not be made or taken unless and until the Katcha Arhitya or, if the seller does not employ a Kacha Arhitya, the buyer has given to the seller a sale voucher in Form J, the counterfoil whereof shall be retained by the Kacha Arhitya or the buyer, as the case may be.

25. Weighment.- [Section 43(2)(x)] (1) The Board shall fix standards of net weight of agricultural produce to be filled in a packing unit such as a bag, a half bag or a palli within each notified market area.

(2) No person shall fill or cause to be filled any agricultural produce except in accordance with standards fixed under sub-rule (1).

(3) All transactions in a market in terms of packing units shall be deemed to have been entered into in accordance with standards fixed under sub-rule (1).

(4) Immediately on the completion of weighment of a lot of agricultural produce within a notified market area, either party to the contract may cause a test weighment of ten percent of the units of packing in a lot or two packing units whichever is more. The test weighment shall be carried out at the site of weighment and if no test weighment is held at the site, the produce shall be deemed to have been correctly weighed.

(5) Test weighment under sub-rule (4) shall be carried out in the presence of both the parties to the contract. In case any of the parties refuses or otherwise evades presence, the other party may report in writing to the Secretary of the Committee or any employee of the Board not lower in [rank than] that of an Inspector, who, after satisfying himself as to the correctness of the report, shall cause the test weighment to be made in his presence or in the presence of any other official of the Committee authorised by him in this behalf, and the result of such test weighment shall be final, conclusive and binding on both the parties.

(6) Before any agricultural produce weighed in pursuance of a contract of sale or purchase within a notified market area is removed from the place of its weighment, the Chairman, the Secretary of the Committee or any employee [engaged in connection with the management of the affairs of the Committee as authorised by him or the inspecting officers of the Board] shall, with a view to satisfying himself that such weighment has been correctly made or is filled in accordance with standards fixed under sub-rule (1), be entitled at any time and without any previous notice, to check the weighment by means of weights and instruments, kept by the Committee or any other agency in the presence of the purchaser and the seller and if either or both of them evade presence, test weighment may be carried out in the presence of any two persons present there.

(7) If the weighment checked under sub-rule (6) is found to be defective, the persons checking the weighment may order the lot to be reweighed. The reweighment shall be made at the cost of the buyer, if it is not filled in accordance with the standards fixed under sub-rule (1), and at the cost of the weighman concerned, if the weighment is otherwise defective. Such orders shall be final and the buyer or the weighman, as the case may be, shall immediately comply with the order. This sub-rule shall operate without prejudice to any other punishment that may be awarded under the Act, these rules or bye-laws made thereunder.

26. Use of weighing instruments, weights and measures, their inspection and seizure- [Section 43(2)(x) and (xi).] (1) Only such weighing instruments as satisfy requirements of, and such weights and measures as are prescribed by the Punjab Weights and Measures Act, 1958, and the rules made thereunder shall be used for weighing or measuring agricultural produce in a notified market area :

Provided that in transactions of sale and purchase of agricultural produce in the principal market yard and sub-market yards of the notified market area the beam scale (Kanda) or platform scale shall only be used.

(2) Every Committee shall keep in the market yard at least one weighing instrument of the capacity of one quintal and two sets of weights, and in places where measures are used two sets of measures, verified and stamped in accordance with the provisions of the Punjab Weights and Measures Act, 1958, and the rules framed thereunder. The Committee shall cause such weights and measures to be tested and verified once in the course of each calendar year through the agency appointed and in accordance with the requirements of the said Act and rules.

(3) The Chairman of a Committee, shall allow any person to check free of charge any weight or measure in his possession against the weights and measures maintained under this rule.

(4) Weighing instruments, weights and measure kept by a Committee under this rule may at any time be inspected, examined and checked by the [Chief Administrator] or the Secretary of the Board or by any other employee not lower in rank than that of an Inspector authorised in this behalf by the [Chief Administrator] of the Board. After inspection the inspecting authority may give such directions as it may deem proper. The Committee shall be bound to comply with such direction.

(5) The [Chairman] or the Secretary of the Board or the Committee, and any other person authorised in this behalf by the [Chief Administrator] [or Secretary of the Board] shall be entitled at any time and without previous notice to inspect, examine and test any weighing instrument, weight or measure used, kept or possessed within a notified market area by a licensee under Section 10 or 13 of the Act, and every such licensee in possession of any such weighing instrument, weight or measure shall, when required, be bound to produce the same before the person entitled so to inspect, examine and test it.

(6) Any person authorised to inspect, examine and test any weighing instrument, weight or measure under sub-rule (5) shall, while so acting, have all the powers of an Inspector, Weights and Measures, appointed under Section 15 of the Punjab Weights and Measures Act, 1958.

27. Weigh-bridges, measuring yards and certificates of weighment or measurement.- [Section 43(2)(x) and (xi).] (1) The Committee may erect in the market a weigh-bridge for the weighing of agricultural produce on payment of such fees as may be prescribed by its bye-laws.

(2) In places where it is customary for any agricultural produce to be measured instead of being weighed, the Committee may specify a place within the market for that purpose and make arrangements for the measuring of such produce on payment of such fees as may be prescribed by its bye-laws.

(3) The Committee shall be responsible for maintaining such weigh-bridge or measuring yard in proper condition, and for issuing free of cost certificates of weighment and measurement, as the case may be, in such forms as may be prescribed by its bye-laws.

(4) A certificate issued under sub-rule (3) above shall be accepted as final by all persons transacting business in the notified market area, unless it is proved, to the satisfaction of the Chairman of the Committee or his authorised representative that the weighment or measurement was done on a defective weigh-bridge or measuring yard or by means of an incorrect scale or weight or measures.

28. Places at which agricultural produce shall be weighed or measured.- [Section 43(2)(x).] (1) In any notified market area for which tobacco or chillies has been notified as agricultural produce under Section 6, the Committee any prescribe the places at which the aforesaid commodities may be weighed, measures or sold.

(2) Subject to the provisions of sub-rule (1), weighments and measurements of agricultural produce intended for sale, shall be made through licensed weighmen or measurers in the principal or a sub-market yard.

29. Levy and collection of fees on the sale and purchase of agricultural produce.- [Sections 23 and 43(2).] - (1) Under Section 23(a) Committee shall levy fees on the agricultural produce [bought or sold or brought for processing]by licendees in the notified market area [at the rates] to be fixed by the Board from time to time:

Provided that no such fees shall be levied on the same agricultural produce more than once in the same notified market area. A list of such fees shall be exhibited in some conspicuous place at the office of the Committee concerned:

[Provided further that no such fee shall be levied on the wheat imported from a foreign country.] [or wheat or cotton brought for storage, processing or distribution from within the State by the Government or a Corporation in which the Government has the substantial interest.]

[Provided further that no such fee shall be levied on the certified seed.];

[Provided further that no such fee shall be levied on the wool imported from a foreign country for the purpose of sale, purchase, storage or processing only.]

(2) The responsibility of paying the fees prescribed under sub-rule (1) shall be of the buyer and if he is not a licensee then of the seller who may realise the same from the buyer. Such fees shall be leviable as soon as an agricultural produce is bought or sold by a licensee.

(3) The fees shall be paid to the Committee or a paid officer [or paid to an agency] duly authorised to receive such payment within [seven days] of the day of transaction :

Explanation :- In computing the period of [seven days] specified in sub- rule (3) of rule 29 and sub-rule (1) of rule 31, the day of transaction shall be included.

[Note 1 - The payment of fees exceeding Rs. 2000/- shall be made either in cash or through cheque drawn on the local scheduled bank where the office of the concerned committee is situated, subject to the condition that collection charges, if any, shall be borne by the licensee.

Note 2 - In cases where unaccounted agricultural produce is detected by the officers of the Board or the Committee, as the case may be, the fees shall have to be paid, immediately, and the provision of payment within seven days shall not apply in such cases.]

[(3) The collection of market fee may be leased or auctioned to an agency by the Market Committee with the prior approval of the Chief Administrator, for any period not exceeding one year at a time on such terms and conditions as laid down by the Market Committee. However, it shall be applicable only in case of fruits and vegetables in notified market area.]

(4) A receipt in Form K shall be granted forthwith to the person making payment in respect of any fees paid under these rules.

(5) Every officer or servant employed by a Committee for the collection of fees shall be supplied by the Committee with a badge of office in such form as may be prescribed by it. The badge shall be worn by the officer or servant concerned while discharging his duties.

(6) Every such officer or servant shall before entering on his duties furnish such security as may be prescribed by the bye-laws of the Committee concerned.

(7) For the purpose of this rule agricultural produce shall be deemed to have been bought or sold in a notified market area -

(a) If the agreement of sale or purchase thereof is entered into in the said area; or

(b) If in pursuance of the agreement of sale or purchase the agricultural produce is weighed in the said area; or

(c) If in pursuance of the agreement of sale or purchase the agricultural produce is delivered in the said area to the purchaser or to some other person on behalf of the purchaser.

(8) If in the case of any transaction any two or more of the acts mentioned in sub-rule (7) have been performed within the boundaries of two or more notified market areas the market fee shall be payable to the Committee within whose jurisdiction the agricultural produce has been weighed in pursuance of the agreement of sale or, if no such weighment has taken place, to the Committee, within whose jurisdiction the agricultural produce is delivered.

[30. Exemption from payment of market fees. - [Sections 23 and 43(2)(vii)]. [(1) No market fee shall be levied on the sale or purchase of any Agricultural Produce manufactured or extracted from the agricultural produce in respect of which such fee has already been paid [in the notified market area in which the same was manufactured or extracted.]

[(2) The dealer concerned in the sale or purchase of any quantity of agricultural produce from which he manufactures or extracts any other agricultural produce shall maintain in form L true and correct accounts of the sale, purchase or processing, as the case may be, of the said agricultural produce and of any agricultural produce manufactured or extracted from it.]

[(3) The dealer who claims exemption from the payment of market fee leviable on any agricultural produce manufactured or extracted from the agricultural produce in respect of which the market fee has already been paid in another notified market area, shall make declaration and give certificate to the committee in [Form L-1], where the fee has already been paid [within twenty days] of the day of bringing of agricultural produce within the notified market area. shall be prepared in quadruplicate from the booklets duly attested and issued by the Secretary of the Committee against the payment fixed by the Committee. It will be the duty of the dealer claiming exemption from the market fee under this sub-rule to send the original copy of [Form L-1] to the committee within whose market area the agricultural produce is brought. The Second copy shall be sent to the office of the committee within whose market area such agricultural produce was bought, and the third and fourth copies shall be retained by the dealer-purchaser and the dealer-seller, respectively; and the same shall be kept as a part of their accounts maintained in respect of market fees.]

(4) It shall be the duty of the dealer claiming exemption from market fee under [sub-rules (3),(5) and (6)]above to produce a copy of the R/R, forwarding not, bilty or challan, as the case may be, duly signed by him or his authorised agent in the office of the committee from whose market area the agricultural produce is brought [-] the second copy in the office of the committee within whose market area the agricultural produce is brought [-] and the third copy to be retained by him :

Provided that if no such copy of R/R, forwarding note, bilty or challan is produced in the office of the concerned committee, no claim for exemption shall be entertained.

[(5) The agricultural produce brought for processing from within the State [or from out side the State]and for which market fee has already been paid in any market in the State [or out side the State] shall be exempt from payment of market fee second time :

Provided that the dealer who claims exemption under sub-rule (5) from the payment of fee leviable on any agricultural produce brought for processing shall make declaration and give certificate to the committee in form LL duly attested by the Secretary of the committee where fee has already been paid within [twenty] days of the bringing of agricultural produce within the notified market area and complies with the provisions of sub-rule (2).]

[(6) No market fee shall be levied on agricultural and horticultural produce except Rice, Wheat, Mustard and Cotton used as raw material in food processing Industries within the State :-

Provided that the dealer who claims exemption under sub-rule (60 form the payment of fee leviable on any agricultural produce purchased for using as raw material shall maintain a record in L-II. In case such agricultural produce is brought from another notified market area then the dealer shall make declaration and give a certificate to the committee in Form L-ii duly attested by the Secretary from where the agricultural produce has been purchased, within twenty days of the bringing of agricultural produce.]

[-]

31. Account of transaction and of fees to be maintained.- [Sections 23 and 43(2)(vii)] (1) Every licensed dealer and every dealer exempted under rule 18 from obtaining a licence shall submit to the Committee a return in Form M [showing his purchases and sales of each transaction of agricultural produce or each transaction of agricultural produce brought for processing within [seven days]of the day of transaction;]

[Provided that a person exempted from taking a licence under rules 18(2)(b) and 18(2)(c) shall stand exempted from the provisions of this sub-rule in respect of sale of agricultural produce by him;]

[Provided further that every contract farming sponsor, who enters into the contract farming agreement shall maintain a register in Form Q and furnish information in Form R to the committee within a period of fifteen days of the purchase.]

Provided further that in case of a dealer, who exclusively deals in fruits and vegetables, it shall not be necessary to fill in Form M the particulars of the person to whom any quantity of fruits and vegetables less than one quintal is sold :

Provided further that in case the Kacha Arhtiya sends one copy of Form J to the market Committee, the Kacha Arhtiya will be exempted from sending Form 'M' to the Market Committee and the buyer shall indicate in Form M only the total quantity and the gross value in respect of each commodity purchased from each seller.

(2) The Committee shall maintain a register in Form N showing the total purchases and sales made by dealers and the fees recoverable and recovered from them.

(3) The Committee shall levy the fee payable under Section 23 on the basis of the return furnished under sub-rule (1).

[(4) If any dealers fails to submit a return as prescribed in sub-rule (1) or the Chairman of the Committee has reason to believe that any such return is incorrect he shall, after giving a notice in Form O to the dealer concerned and after such enquiry as he may consider necessary, shall place the case before the Committee for proceeding to assess the amount of the dealer's business during the period in question.]

(5) If a dealer habitually makes default in the submission of returns or if in the opinion of the Committee the dealer habitually submits false returns, the Committee may order for the inspection of the dealer's accounts.

(6) After an order under sub-rule (4) is made, the Committee shall inform the dealer of the date and place fixed for the inspection :

Provided that if the dealer so desires, and pays such fee as the Committee may fix in this behalf, the inspection shall be made at the dealer's premises.

(7) The Committee may authorise one or more of its members to carry out the inspection ordered by it under sub-rule (5). Such member or members shall be assisted by such employees of the Committee as may be deputed by it for that purpose.

(8) Such member or members may after inspection prepare a return or may amend the return already furnished, on the basis of transactions, appearing in the dealers accounts books, and the Committee may levy a fee or, as the case may be, an additional fee, under Section 23 on the basis of such return or amended returns, but if the account books are reported to be unreliable, or as not providing sufficient material for proper preparation or amendment of the return or if no such books are maintained or produced, the Committee may assess the amount of the dealer's business on such information as may be available or on the basis of best judgment, and levy fee on the basis of such assessment.

(9) In addition to the fee or additional fee levied under sub-rule (8) the Committee may recover from the defaulter [a] penalty equal to the fee or additional fee so levied.

(10) Habitual default in the submission of returns and habitual submission of false return shall be a sufficient ground for suspension or cancellation of, or refusal to renew, a licence, and the provision of this rule shall apply in addition to and not in derogation of any other law, penal or otherwise, applicable to non-compliance, or defective compliance with any duty imposed upon a dealer by the Act or by these rules, or by any bye-law or order of a Committee.

(11) An assessment order made under sub-rules (8) and (9) shall be communicated to him by means of a demand notice in form P and a copy thereof, shall be granted to the dealer on his making a written application and paying a sum of two rupees as copying fee to the committee. Every Committee shall maintain a register of copying fees.

(12) The copy shall be prepared in the office of the Committee and certified to be correct by the Secretary or in his absence by another person appointed in this behalf by the Chairman. Such certificate shall give the dates on which the application was received and the copy prepared and delivered to the applicant, and shall be conclusive evidence of the correctness of these dates.

(13) [***]

32. Books to be kept by licensed brokers and [godown-keepers]- [Section 43(2)(xxxi)]. Every broker and every godown-keeper licensed under these rules shall -

(a) keep such books in such form as the Committee granting the licence may, from time to time, prescribed by its bye-laws;

(b) render such return at such times and in such forms as the Committee may prescribe; and

(c) render such assistance as may be required by the Committee, in the collection of fees due under the Act or under the rules or bye-laws made thereunder, in preventing evasions of payment thereof, and generally in the prevention of breaches of the Act or of these rules or of any bye-laws made thereunder.

33. Refund of certain amounts.- [Section 43(2)(vii)(viii) and (ix)]. (1) When -

(a) any sum has been deposited for the grant of a licence which has in fact not been issued; or

(b) a person has wrongly applied and paid for and been granted two or more licences of the same nature for the same notified market area; or

(c) any market fee has been recovered in excess of the amount actually due; or

(d) any market fee has been recovered on a transaction which is exempt under these rules; or

(e) any money has been paid by mistake; [the Chief Administrator or the Chairman of the Committee], as the case may be, shall, on a written application being made within six months of such deposit and after such enquiry as he or it may consider necessary, order the refund of the appropriate amount which shall be repaid to the person concerned, after preparing a refund bill out of the Marketing Development Fund or the Market Committee Fund, according as it was credited in the first instance to the Marketing Development Fund or the Market Committee Fund.

(2) The powers conferred on the [Chief Administrator] by sub- rule (1) may also be exercised by such Officer subordinate to him as he may appoint in this behalf.

(3) The application for refund shall contain such particulars as are necessary to enable the amount for which refund is claimed to be traced.

34. Prevention of adulteration of agricultural produce.- [Section 43(2)(xxxiii)]. (1) No person shall adulterate agricultural produce, or place or offer adulterated agricultural produce for sale, in a notified market area.

(2) It shall be the duty of a Committee to prevent adulteration of agricultural produce in the notified market area. The Chairman or Secretary of the Committee may take all or any steps within his power to stop, prevent or discourage such adulteration.

Explanation. - For the purposes of this rule adulteration of agricultural produce shall include mixing of inferior stuff with superior produce, mixing of different varieties or different qualities, mixing of sieved remains of the agricultural produce with agricultural produce and mixing of earth, dirt and stones or any other extraneous matter with any agricultural produce.

35. Preservation of the prescribed form[-]- [Section 43(2)(xxxi)] (1) The counterfoils of form I, J and M shall be preserved by the dealer concerned for a period of two years from the date of issue of the foil to which the counter foils relate. The register in form L shall be preserved by the dealer concerned for a period of two years of the date on which the last entry was made in that register.

[(2) and (3) Omitted]

[36. Procedure for supply of copies. [Section 40A.] - (1) A copy of the order passed under the Act or the rules shall be supplied to the Board or the Committee concerned free of charge.

(2) Any other person may apply for the certified copy of the order in writing to the authority, which has passed such order and the same shall be supplied on the payment of two rupees per page.]

37. Publication of Marketing information.- [Sections 28(vii) and 43(1)] (1) A Committee may, as and when required by the [Chief Administrator]shall, for the benefit of the persons using the market, [exhibit at] a suitable place outside its office and at such other place or places as may be determined by it, bulletins of information on such matters as the prices of agricultural produce ruling at the principal marketing centres in the State and the ports serving the State and the stocks held by mills and the like.

(2) The daily rates of all important agricultural commodities authenticated by a person authorised by the Committee in this behalf shall be exhibited in the [at conspicuous places]

(3) Such bulletins shall be signed by the Chairman or other person as may be appointed by him in writing and a copy of each such bulletin shall be kept for record in the office of the Committee.

38. Storage accommodation.- [Section 43(2) (xv)]. (1) A committee may arrange when necessary, accommodation for the temporary storage or stocking of agricultural produce.

(2) The committee shall charge such fees for such storage and stocking as may be prescribed by its bye-laws.

[39. Procedure for imposing penalties. [Section 37] - (1) The authority to impose penalty shall issue a show cause notice to all the concerned in Form S.

(2) All the affected parties shall be given an opportunity of being heard either in person or through their authorised representatives/agents.

(3) After hearing the parties, the authority shall impose the penalty as per provisions of the Act].

[40. Procedure for appeal. [Section 40] - (1) Every appeal preferred under Section 40 shall bear a court-fee stamp of fifty rupees and shall be presented to the appellate authority in the form of a memorandum by the appellant or his duly authorised agent. The memorandum shall set forth concisely the grounds of objection to the order appealed against and shall also be accompanied by a certified copy of such order and the proof of payment of fee, if due, as per the impugned order.

(2) In computing the period of limitation for filing an appeal under the Act, the period spent in obtaining a copy of the order shall be excluded.

(3) The appeal shall be decided after notice to and hearing the parties concerned and after making such further enquiry as the appellate authority may consider necessary.]

[41. Payment of interest. [Section 46] - On any sum due to a Committee or the Board, as the case may be, after the expiry of the stipulated period, an interest @ 12% per annum shall be payable.

41A. Relaxation in rules. [Section 43] - The State Government may, on being satisfied with the sufficient reasons, grant relaxation to any Government or Semi Government agency from the provisions of these rules]

42. Preservation of records.- The respective records of the Board and the Market Committees shall be preserved for the period noted against each in the schedule hereto annexed :-

Schedule

 

* Substituted by Haryana Notification No. 1452-Agri.S.(1)-96/1183 dated 15.5.1996

43. Repeal and Savings.- The Punjab Agricultural Produce Markets Rules, 1940, and the Patiala Agricultural Produce Markets Rules, 2004 B.K., are hereby repealed:

Provided that such repeal shall not affect -

(a) the previous operation of any rule so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired or incurred or any license issued under any rule so repealed; or

(c) any penalty, forefeiture or punishment incurred in respect of any offence committed against any rule so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege obligation, liability, licence, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if these rules had not been passed :

Provided further that anything done or any action taken under these rules so repealed shall be deemed to have been done or taken under these rules, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under these rules.

Form A

[See rule 17(1)]

Application for licence under Section 10

To

The Chief Administrator,

Haryana Agricultural Marketing Board,

.....................................

Through

The Secretary, Market Committee

Sir,

The particulars of my business are given below :

 

 

 

[(1) Factory including ginning factory, sheller, huller, flour mill, oil expeller, dal mill or cold storage for sale, purchase, storage or processing of agricultural produce; or

(2) Commission agent, Kacha arhtiya or other wholesale dealer for sale, purchase, storage or processing of agricultural produc; or

(3) Other dealers whose annual turnover of agricultual prodcue exceeds Rs. 20,000 but does not exceed rupees one lakh.]

Certified that the facts set out in the application are true to the best of my knowlsedge. I undertake to abide by provisions of the Agricultural Produce Markets Act, 1961, rules and bye-laws made thereunder.

I shall be responsible for all acts of my employees.

It is requested that a licence under section 10 of the Punjab Agricultural Produce Markets Act, 1961, may kindly be grated to me.

Signature of applicant.

To be filled in by the Office of the Committee :-

 

[Form A-I]

[See Rule 16A(1)]

Application for Registration under Section 8A(1)

To

The Secretary,

Haryana State Agricultural Marketing Board,

Panchkula.

Sir,

We, the undersigned, hereby apply for the registration as contract farming sponsor. Necessary particulars are given as under :-

1. Name of the applicant
2. Full address with H.No., Village/Town/City and State :
3. Place of business :
4. Registration No.

(Under The Companies Act, 1956 (1 of 1956), the Indian Partnership Act, 1932 (9 of 1932) and The Haryana Cooperative Societies Act, 1984 (22 of 1984) Or a Government Agency) :

5. If the applicant is a firm, particular of persons constituting the firm :

 

6. Name of the Managing Proprietor of the firm :
7. Name of Managing Director or Competent Authority :

(In case of a Company or Society or Government Agency)

8. Particulars regarding income tax returns :

 

9. Particulars of area intended to be agreed for contract farming :

 

10. Name and style under which the applicant shall work.
11. We want registration for Market Committee, ____/whole State.

Certified that the facts set out in the application are true to the best of my knowledge. I undertake to abide by provisions of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), rules and bye-laws made thereunder.

I shall be responsible for all acts of my employee.

Signature of applicant.

(With full Name and Designation/Proprietor along with official seal)".

Form A-II

[See Rule 16A(3)]

Application for renewal of registration under Section 8A(I)

To

The Secretary,

Haryana State Agricultural Marketing Board,

Panchkula.

Sir,

We, the undersigned, hereby apply for the registration as contract farming sponsor. Necessary particulars are given as under :-

1. Name of the applicant :
2. Full address with H.No., Village/Town/City and State :
3. Place of business :
4. Registration No.

(Under The Companies Act, 1956 (1 of 1956), the Indian Partnership Act, 1932 (9 of 1932) and The Haryana Cooperative Societies Act, 1984 (22 of 1984) Or a Government agency) :

5. If the applicant is a firm, particular of persons constituting the firm :

 

6. Name of the Managing Proprietor of the firm :
7. Name of Managing Director or Competent Authority :

(In case of a Company or Society or Government Agency)

8. Particulars regarding income tax returns :

 

9. Particulars of area intended to be agreed for contract farming :

 

10. Name and style under which the applicant shall work :
11. Date on which registration expires :
12. Fee paid : Rs. ______
13. Penalty paid, if any : Rs. ___
14. We want registration for Market Committee ___/whole State.

Certified that the facts set out in the application are true to the best of my knowledge. I undertake to abide by provisions of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), rules and bye-laws made thereunder.

I shall be responsible for all acts of my employee.

Signature of applicant.

(With full Name and Designation/Proprietor
along with official seal)

Form B

[See rule 17(6)]

Licence under Section 10

This licence is granted to M/s___________________________ subject to conditions prescribed hereunder :-

Notified Market Area________________________________________________

1. Sr. No. of licence________________________________________________
2. Name of the Managing Proprietor or
   Manager of the firm with parentage __________________________________
3. Date from which the licence take effect_______________________________
4. Date on which the licence expires____________________________________
5. [Category of licence granted : _____________________________________

(1) Factory including ginning factory, sheller, huller, flour, mill, oil expeller, dal mill, or cold storage for sake, purchase, storage or processing of the agricultural produce.

(2) Commission agen, kacha arhtiya or other wholesale dealer for sale, purchase or storage or processing of agricultural produce.

(3) Other dealers whose annual turnover of agricultural produce exceeds rupees twenty thousand but does not exceed rupees one lakh.]

6. Place of business_________________________________________________

Conditions of Licence

1. The licensee shall comply with the provisions of the Punjab Agricultural Produce Markets Act, 1961, and rules and bye-laws framed thereunder and instructions issued from time to time.
2. He shall not permit evasion or infringement of any of the provisions of the Act, the rules and bye-laws and shall report in writing to the Market Committee any evasion or breach which comes to his knowledge.
3. He shall surrender his licence, on demand, to the [Secretary]of the Board or any other officer authorised by him in this behalf or the Chairman of the Committee against a receipt to be given to the licensee in this connection.
4. He shall conduct his business honestly and properly according to the principles of fair dealings.

[4A. He shall carry on his business in the principal market yard, or sub-market yard or at his place of business, specified in the licence.]

5. He shall display his licence at the onspicuous place on his business premises.
6. He shall keep his business premises clean and in a suitable condition for storage of agricultural produce.
7. He shall not bycott or encourage boycott of any other licensee.
8. He shall not indulge in activities and practices which are detrimental to the interest of the trade and proper functioning of the market.
9. He shall not take or continue in his service any licensed broker, weighman, measurer, surveyor or palledar.
10. He shall be responsible for the safe custody and protection of the Agricultural produce brought to his shop for sale or storage.
11. He shall not form a pool or combination with other buyers for eliminating competition and shall not make or abet an attempt to do so in order to deprive the seller of a fair price of his produce.
12. He shall, on the expiry or sooner termination of the licence, surrender the same to the Committee.
13. He shall, when desired by the Committee or any officer authorised by it, furnish correct information on the matters pertaining to his business relating to sale and purchase of agricultural produce under the Act.

14.[The security shall be liable to be forfeited in part or in full by the licencing authority in case the licencee makes a breach of any condition of the licence.]

[Form B-I]

[See Rule 16A(5)]

Registration Certificate

Registration No.

Dated :-

Certified that pursuant to the provisions of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), the ____ having its office at _____ is hereby registered to enter in to an agreement with the contract farming producer on the terms and conditions as agreed upon between them. This certificate is valid for three years from the date of its issuance.

The conditions of registration are given below :-

1. Registration holder shall comply with the provisions of the Act, rules, bye-laws and the instructions issued in this regard.
2. The registration holder shall comply with the terms and conditions given in the contract farming agreement.
3. In case contract farming sponsor violates the provisions of Act, rules and bye-laws or conditions of contract agreement, the Secretary of the Market Committee or the Secretary of the Board, as the case may be, shall have the power to cancel his registration

Sd/-

Secretary, Market Committee/Secretary,

Haryana State Agricultural Marketing Board, Panchkula.]

Form C

[See rules 17(8) and 19(8)]

Register of licence issued under section 10/13

1. Notified market area_____________________________________________
2. Name of the firm_______________________________________________
3. Address of the premises__________________________________________
4. Name of Managing Proprietor or Manager with parentage________________
5. Licence No. ___________________________________________________
6. Nature of Licence_______________________________________________

 

7. Name of the partners

 

[Form C-I]

[See Rule 16A(6)]

Form of agreement for contract farming

This agreement is made and entered into at ______ on the ______ day of ____, 200 between Shri ____ son of _______ age _______ residing at ________ hereinafter called the "party of the first part" (which expression shall, unless repugnant to the context or meaning thereof, mean and include his heirs, executors, administrators and assigns) of the one part, and ____ a Private/Public Limited Company/Society/Firm/Government Agency registered under the provisions of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961) and having its registered office at ______ hereinafter called the "party of the second part" (which expression shall, unless repugnant to the context or meaning thereof, mean and include its successors and assigns) of the other part.

WHEREAS, the party of the first part is the owner/cultivator of the agricultural land bearing the following particulars :

 

AND WHEREAS, the party of the second part is trading in agricultural produce and also providing agricultural inputs and technical know-how in respect of land preparation, nursery, fertilization, pest management, irrigation, harvesting and alike things.

AND WHEREAS, the party of the second part is interested in the items of the agricultural produce more particularly mentioned in Schedule-I hereto annexed and at the request of the party of the second part, party of the first part has agreed to cultivate and produce the items of agricultural produce mentioned in the Schedule-I hereto annexed.

AND WHEREAS, the parties hereto have agreed to reduce in writing the terms and conditions in the manner hereinafter appearing :

Terms and Conditions

Clause 1 :- The party of the first part agrees to cultivate, produce and deliver to the party of the second part and the party of the second part agrees to buy from the party of the first part, the items of the agricultural produce as mentioned in the Schedule-I hereto annexed.

Clause 2 :- It is expressly agreed between the parties hereto that this agreement is for agricultural produce particulars of which are described in Schedule-I hereto. The duration of agreement shall be for the _____ season/months/year. After the expiry of said period, this agreement shall automatically terminate.

Clause 3 :- It is expressly agreed between the parties that :

(a) The party of the first part shall cultivate, produce and supply the items to the party of second part as per specifications mentioned in the Schedule-I hereto.

(b) The party of second part shall supply the seeds, fertilizer, pesticides and any other inputs for the cultivation and production of the agriculture produce as detailed in Schedule-1.

(c) The party of the first part agrees to adopt instructions/practices in respect of land preparation, nursery, fertilization, pest management, irrigation, harvesting and any other, as detailed in Schedule-I.

Clause 4 :- The party of first part agrees to supply the quantity contracted according to the quality specifications stipulated in Schedule-I and it shall be the responsibility of the party of the second part to take into possession of the contracted produce after it is offered for delivery as per Schedule-II. If there is any dispute regarding quality specifications of the agricultural produce, either of the party can approach the committee for expert to assess the same. If the produce is not found as per the quality specifications, then the party of second part can refuse to take the delivery and the party of first part shall be free to sell the produce :

(a) to the party of second part at a mutually renegotiated price; or

(b) in the market yard and the party of the second part shall be entitled to recover the advance, if any, made by him to the party of first part.

If the produce is found as per the quality specifications and the party of second part refuse/fails to take the delivery for his own reasons then the party of first part shall be free to sell the agriculture produce in the market yard and if he gets a price less than the price contracted, he shall be compensated to the extent of loss, by the party of the second part within ten days of an application made by the party of the first part to the party of the second part. A copy of such application shall be endorsed to the committee also. The party of the second part shall inform the committee about the action taken on such application. The party of the second part shall be entitled to deduct the advance cash/kind, if any, made by him to the party of the first part.

It shall be the responsibility of the party of the first part to deliver the contracted produce as per Schedule-II failing which the party of the second part shall intimate the committee and shall be free to purchase the produce from the market yard. The party of the second part can approach the authority prescribed for compensation to the extent of loss.

Clause 5 :- The party of the second part shall make the payment to the party of the first part at the time of delivery. If the party of the second part fails to make the payment within fifteen days of the delivery, an interest @ 18% shall be paid to the party of the first part.

Clause 6 :- The party of the second part or its representatives agrees to have regular interactions with the farmer's forum set up/named by the party of the first part during the period of contract.

Clause 7 :- The party of the second part or its representatives at their costs shall have the right to enter the premises/fields of the party of the first part to monitor farming practices adopted and the quality of the produce from time to time.

Clause 8 :- Neither the party of the second part shall have any right whatsoever as to the title, ownership, possession of the land/property of the party of the first part nor it shall, in any way, alienate the property of the party of the first part by way of mortgage, lease, sub-lease or transfer to any other person/institution during the continuation of this agreement.

Clause 9 :- It is agreed that this agreement apart from the agreed convenants thereof shall be governed by the provisions of the Punjab Agricultural Produce Markets Act, 1961 and the rules framed thereunder.

Clause 10 :- In case both the parties want to change in the terms and conditions of the contract farming agreement, the same shall be effected by the registering authority concerned in the presence of both the parties from time to time as per requirement.

Clause 11 :- Dissolution, termination or cancellation of this contract shall be affected with the consent of both the parties. Such dissolution, termination or cancellation shall be communicated to the registering authority within a period of fifteen days of such dissolution, termination or cancellation failing which the registering authority shall be entitled to impose appropriate cost on the parties.

Clause 12 :- In the event of breach of contract farming agreement or any dispute or difference arising between the parties hereto or as to the rights and obligations under the agreement or as to any claim, monetary or otherwise of one party against the other or as to the interpretation and effect of any terms and conditions of this agreement, such dispute or difference shall be referred to the authority prescribed under the rules.

Clause 13 :- In case of change of address of any party to this agreement, it should be intimated to the other party and also to the authority concerned within a period of fifteen days.

Clause 14 :- The party of second part confirms that it has registered itself with the authority concerned vide Registration No. ___ dated ____ and the fee levied by the authority concerned shall not be deducted in any manner, whatsoever from the amount paid to the party of first part.

Clause 15 :- Each party hereto shall act in good faith diligently and honestly with the other in the performance of their responsibility under this agreement and nothing shall be done to jeopardize the interest of the other.

In witness whereof the parties have signed this agreement on the day ___ month and ______ year first above mentioned.

 

Schedule-I

 

Schedule-II

 

Form D

[See rule 19(1)]

Application for licence under section 13

To

The [Secretary]

Market Committee,

________________

Sir,

The particulars of my business are given belew :-

1. Name of the applicant with parentage, residence and address in full
2. If the applicant is a firm, is it a Hindu Joint Family firm, or otherwise constituted, and has it been registered or not ?
3. Is the applicant is a firm, give the names of all persons constituting it with parentage, residence and addres, in full of each

 

4. Name of the managing proprietor or manager who will actually conduct the business
5. Name or style under which the applicant will conduct his business
6. Does the applicant wish to be licenced as a broker/weighman/measurer/ surveyor/godownkeeper/palledar ?
7. Has the licence, if any, granted previously to the applicant, or if the applicant is a firm, to any member thereof, singly or in collaboration with any body else for working as a broker, weighman, measurer, surveyor, godownkeeper or palledar in any notified market area been cancelled ? If so, where, when, for what period and what reason ?

Certified that the facts set out in the application are true to the best of my knowledge. I undertake to abide by provisions of the Agricultural Produce Markets Act, 1961, and rules and bye-laws made thereunder.

I shall be responsible for all acts of my employees.

It is, therefore, requested that the licence under section 13 of the Punjab Agricultural Produce Markets Act, 1961, may kindly be granted to me.

Signature of the applicant

Notes :- (1) A licence to work as a weighman, a measure or a surveyor shall only be granted to individuals and not to firm.

(2) In case the application is made by a firm, it may be signed by the partner only.

To be filled by office

 

[Form D-I]

[See Rule 16A(8)]

Register of Contract Farming Sponsor

 

Form E

[(See rule 19(2)]

Licence under section 13

This licence is granted to M/s__________________________ (name of the person or firm with full address) for doing his business as broker/weighman, measurer/godown-keeper/palledar or surveyor in the notified market area____________

1. Serial No. of licence____________________________________________
2. Name of the Managing Proprietor___________________________________
3. Date from which the licence take effect________________________________
4. Date on which the licence expires___________________________________
5. Place of business________________________________________________

Place___________________

Date____________________

Signature of authority with seal

Conditions of Licence

1. The licensee shall comply with the provisions of the Punjab Agricultural Produce Markets Act, 1961, and rules and bye-laws framed thereunder and instructions issued from time to time.
2. He shall not permit evasion or infringement of any of the provisions of rules and bye-laws mentioned under (1) above, and will report in writing to the Committee any evasion or breach which comes to his notice.
3. He shall surrender his licence on demad to the Committee or any other officer authorised by the Committee in writing in this behalf.
4. He shall conduct his business honestly and properly according to the principles of fair dealings.
5. He shall not boycott or encourage boycott of any other licensee.
6. He shall not indulge in activities and practices which are detrimental of the interest of the trade and proper functioning of the market.
7. The licensee, except the godown-keeper, shall not accept any service under the dealer.
8. If the licensee is a weighman, measurer or surveyor, he shall abide by such arrangements which may be made by the Market Committee with a view to ensuring the availability of their services as and when required. The licensee shall bear the badge provided to him by the Market Committee, during the hours of his business.
9. If the licensee is a godown-keeper, he shall keep his godown neat, clean and tidy to the satisfaction of the Committee.

[Form E-I]

[See Rule 16A(9)]

Form of Register of Contract Farming Agreement

 

Form F

[See rule 21(1)]

Application for the renewal of licence under section 10

To

The Chief Administrator,

Haryana State Agricultural Marketing Board,

Through

The Secretary, Market Committee,

Sir,

I request for the renewal of my licence. The necessary partculars are given here below:-

 

Certified that facts set out in the applicant are true to my knowledge.

Dated_________________________

Signature of applicant

To be filled in by the Office of the Committee

 

No.____________________,
Dated_____________________

Accountant,

Market Committee,
________________

Contents of the application verified.

Forwarded to the [Licencing authority], State Agricultural Marketing Board, ______ for necessary action.

Secretary,

Market Committee
_______________

Report by the office of the [Licencing authority] of the Board ________________________________________________________________________

______________________________________________________________________________________________________________________

[Form F-I]

[See Rule 16A(11)]

Form of Annual Accounts of Contract Farming Sponsor

 

Signature of Contract Farming Sponsor

With full name, designation and official seal, if any.".

Form G

[See rule 21(1)]

Application for the renewal of a licence under section 13

To

The Chairman,

Market Committee,

_______________

Sir,

I request for the renewal of my licence. The necessary particulars are given below:-

Certified that all the facts set out in the application are true to my knowledge.

Signature of the applicant

Date_______________

To be filled in by office of the Committee

 

[Form G-I]

[See Rule 16A(12)]

Form for informing the produce purchased with an intention to export or processing by the contract farming sponsor

Return for the period of ___________

 

It is hereby certified that I/we undertake that the quantity of agricultural produce purchased for export/processing shall be exported or processed by we/us within a period of 90 days from its purchase. Failure to do so shall result in action/penalty against me/us as per the provisions of the Act and Rules.

Signature of Contract Farming Sponsor.".

Form H

[See rule 24(8)]

Auction Register

 

*Form HH

[See rule 24(B-A)]

Register of Agricultural produce which remained unsold during auction

 

*Inserted vide Notification No. 11913-M-III 83/9379 dated 4/5/88

Form I

[See rules 24(12) and 24(13)]

Bill of Kacha Arhitya

Counterfoil

Book No.________________________

Serial No.________________________

Name of Market___________________

Name of Kacha Arhtiya_____________

 

 

[Form J]

[See rule 24(14)]

Sale Voucher for the seller

 

 

Signature of seller, [his agent or representative]

Signatuer of Kacha Arhtiya

[Note :- Where the Agriculture produce, being vegetable or fruit is delivered, it shall not be necessary to fill the column 2 relating to name of buyer.]

Form K

[See rule 29(4)]

Receipt

Signature of person
receiving payment

Form K-1

[See Sub-rule (1-A) of Rule 30]

[Form of Delcaration and Certificate]

 

I hereby declar that the above mentioned agricultural produce agricultural produce has been brought from outside the limits of _______________notified market area and has been brought within the limits of market for the purpose of________________and that the particulars agicen above are correct.

Date_________

__________________________________

Signature of the firm

__________________________________

Attestation of the Committee
from where agricultural produce has been imported

Certificate

It is certified that the particulars given above are corred.

Secretary,

Market Committee___________

Form L

[See rule 30(2)]

Register of Processors

 

 

[Form L-I]

[See Rule 30(3)]

Form of Declaration Certificate

 

I hereby certify that the above mentioned agricultural produce has been brought from outside the limits of notified market area _______________ has been brought within the limits of notified market area _______________ for the purpose of ___________ and that the particulars given above are correct.

Signature of the firm ____________

(Stamp)

[Form L-II]

[See Rule 30(6)]

Form of declaration and certificate

 

I hereby declare that the particulars given above are correct.

Signature of dealer

Licence No. _________

Address ___________

____________

____________

I hereby declare that the above mentioned agricultural produce has been brought from the notified market area ________________and has been brought within the limits of the notified market area ___________for the purpose of ___________ and that the particulars given above are correct.

Signature

Address of the dealer claiming exemption ____________

_______________

_____________

[Form LL]

[See Rule 30(3) & (5)]

Claim for exemption from payment of fee

Form of Declaration and Certificate

1. Name of agricultural produce :
2. Mode of transport with number of bags/packages :
3. Weight :
4. Place from where purchased and market fee paid :
5. Amount of fee paid, by whom, with the number and date of receipt :
6. Through whom purchased :
7. Name and address of the buyer of his agent :
8. Remarks :

I hereby declare that the particulars given above are correct.

Signature of the Commission Agent

Licence No. : __________________

Address : ______________________

______________________________

I hereby declare that the above- mentioned agricultural produce has been bought from the notified market area _______________and has been brought within the limits of the notifed market area ________________for the purpose of ___________, and the particular given above are correct.

Signature and Address of the dealer
claiming exemption from the payment of market fee

_________________________

Licence No.:_______________

Address : __________________

________________________

Encl.: _________________

Form M

[See rules 29(3) and 31(1)]

Return of Agricultural Produce daily brought, sold or brought for processing Market Committee___________________

Counter Foil

Date________________________

Name of Dealer_________________ Licence No._______________ last date when market fee paid with receipt No._______________

 

(Note :- In case of dealers dealing exclusively in vegetable or fruit, it shall not be necessary to fill column 7 relating to "Name of buyer to whom soled.")

*Inserted vide notification No. G.S.R. 154/P.A. 23/61/S. 43/Amd. (22)/82 dated 29th November, 1982.

Form N

[See rule 31(2)]

Register of sale and purchase of agricultural produce

Market Committee____________________ Year________________ Month______

Form O

[See rule 31(4)]

Assessment Notice

To

M/s_________________

Whereas

(a) You, a dealer licensee No.____________________ and licensed under section 10 of the Punjab Agricultural Produce Markets Act, 1961, of the ________________ notified market area, have not furnished retrun/correct return in Form M for the period from ______________ to ___________________

(b) You, a dealer Licensee No. __________________ and licensed under section 10 of the Punjab Agricultural Produce Markets Act, 1961, of the ______________ notified market area have habitually made default in the submission of returns for the period from ____________ to___________ and it appears to the committee that you wilfully failed to furnish such returns in respect of the above- mentioned period.

And it appears to be necessary to make assessment under rule 31 of the Punjab Agricultural Produce Markets (General) Rules, 1962, in respect of the above- mentioned period.

You are hereby directed to attend in person or by an authorised agent at (place) __________ on (date) _____________ at (time) ___________ and produce, or cause there do be produced, at the said time and place the accounts and documents specified below for the purpose of such assessment, togeher with the objections which you may wish to prefer and any evidence you may wish to adduce in support thereof and to show cause why in addition to the market fee levied on the basis of assessment a panalty prescribed under rule 31(9) of the said rules should not be imposed upon you.

In the event of your failure to comply with this notice, the Committee shall proceed to assess under rule 31(8) of the said rules to the best of its judgment.

Form P

[See rule 31(11)]

Demand notice

Market Committee

________________

No.________________ Dated __________

To

M/s__________________

_____________________

You are hereby informed that your business during the period from________ to______ has been assessed for the levy of market fee and panalty, etc. as under :-

You are hereby directed to pay the sum of Rupees___________________ to the Market Committee ___________________ at its office at (place) _______________ on or before (date) __________________ failing which the said sum will be recoverable from you as an arrear of land revenue.

Chairman

Market Committee
_________________

[Form Q]

[See Rule 31(1)]

Name of Dealer _______________________ Registration No. ____________

[Form R]

[See Rule 31(1)]

Market Committee ____________________

Name of Dealer _______________________ Registration No._______________

I hereby certify that the above-mentioned information and particulars given above are true and correct.

(Signature)

along with full name of the firm/society/company.".

[Form S]

[See Rule 39(1)]

Show Cause Notice

To

______________________________

______________________________

______________________________

You are hereby informed that :

(a) you have violated the following provisions of the Act, rules, regulations or the bye-laws :

(Detail of the violation committed) _____________.

(b) during the inspection/checking of your shop/premises on _____________, unaccounted agricultural produce/evasion of fee has been detected by the officers of the Board/inspecting team. The detail of the unaccounted agricultural produce/evasion of fee detected is enclosed.

You are hereby issued this show-cause notice as to why the penalty should not be imposed upon you for violation of the provisions of the Act, rules, regulations or the bye-laws as stated above.

You are, therefore, given an opportunity of hearing and thus directed to appear in person or through an authorised representative/agent before the undersigned on (date) _____________ at (time) _____________ at (place) _____________ to explain your position or to make submission, if any, either oral or in writing.

In the event of your failure with this notice, it shall be presumed that you have nothing to say about the abovesaid violation and ex parte decision shall be taken against you.

(Sd.) ...

Full name and seal of the issuing authority.

Copy (to all the concerned)

1. _____________
2. _____________