19.     Licenses to brokers, weighmen, measurers, surveyors, godown-keepers and palledars (1) - A person desirous of obtaining a licenses under sub-section (3) of section 13 shall make an application in Form D to the 4[Secretary of the Committee] of the notified market area concerned after depositing with the Committee the requisite licenses fee. 5[... Omitted.]

 

6[provided that in case of palledar no such application in Form D, shall be necessary, The dealer shall intimate to the 7[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 licenses.]

   

(2)               On receipt of application the 1[Secretary of the Committee] or any other officer duly authorised by the Committee in this behalf may after making such inquiries regarding the business of the applicant, as he may deem necessary, grant a licenses in Form E. The licenses shall be subject to the conditions mentioned therein.

 

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

 

2[(4) The licenses fee for licenses issued under this rule shall be as follows:-

Category of licenses

licenses fee for three years

Weighman or measurer or surveyor Broken or godown-keeper.                             

Twenty rupees

One hundred rupees

 

(5)       The Committee may, on being satisfied that there has been a breach of any of the condition specified in a licenses, by an order in writing, cancel or suspend such licenses and may also direct that such  licenses 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 shall be made without giving the licenses an opportunity to show cause why such an order should not be made.

 

20.                          Change in style and membership of firms -(a) Where the licenses, holding a licenses 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 firm and shall necessitate a fresh licenses:

 

Provided that in the case of a Hindu joint family firm, any addition on account of the birth of any male member 3[or deletion on account of death of any male member] shall not be treated as bringing about any change in the membership of the firm.

 

(b) Where a change, not necessitating a fresh licenses 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 1[sixty days] from the date of such change, be given to the 2[Secretary] of the Board 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 3[Secretary] of the Board with his comments, The 4[Secretary] of the Board, on being satisfied about the correctness of the intimation shall order necessary corrections to be made in the licenses. 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 give necessary intimation to the 5(Secretary) of the Board 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 licenses.

 

(d)       The licenses may apply to the licensing authority for making an addition or deletion in the particulars of the business for which a licenses  has been issued to him, by paying a fee of one rupees. The licensing authority may be an order allow such an addition or deletion whereupon the licenses shall be amended accordingly.

 

(2)       (a) Where the licenses, holding a licenses under section 13w 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 licenses:

           

            Provided that in the case of a Hindu-joint-family firm, any addition on account of the birth of any male member 6[or deletion on account of death of any male member] shall not be treated bringing about any change in the membership of the firm.

 

(b)  Where a change, not necessitating a fresh licenses under section 13, taken place in the membership of a firm, or the firm change its name without any change in the membership thereof, and intimation thereof shall, within 7[sixty days] from the date of such change, be given to the Committee concerned, who 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 licenses. 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 licenses .

 

               1[(3) Nothing in this rule shall apply in the case of a licenses granted to a Co-operative Society.]

 

21.                          Renewal of license and issue of duplicate thereof (1) - A licenses 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 licenses, Renewal application shall be made in Form F for licenses 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 licenses issued under section 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 licenses shall be made at least thirty days before the date on which the licenses  is due to expire:

 

2[Provided that 30 days period of grace will be allowed for getting and annual licenses renewal.

 

3[Provided further that the authority competent to renew a licenses may, on the application ‘s paying a penalty equal to the amount or annual licenses fee, grant an application for renewal made within thirty days after the date of expiry of the licenses or in the case of an annual licenses with in thirty days of the expiry of the period of grace. The authority competent to renew a licenses 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]

 

1[provided further that no licenses shall be renewed for a part of the year.]

 

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

 

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

 

(6)       If a licenses granted under section 10 or 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 licensee of a fee of  2 [ten 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 licenses sec.10,13 & 43 (2) (viii) & (ix)       - (1)     Expect as hereinafter provided, no person shall at the same time hold 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 shall apply to persons dealing in vegetable and fruits. (2) nothing in sub-rule (1) shall be deemed to prohibit person licenced as weighman, surveyor or measure to act in all the three aforesaid capacities.

 

23.       Employing a broker Sec. 10 (xii)&(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 and agricultural produce Sec. 43 (2) - (1) All agricultural produce brought into the market for sale shall be 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 1[chairman of the Board or an officer authorised by him] 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 sign 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 2[chairman of the Board or an officer authorised by him] may allow a Committee to make a 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 produce for which he has made a bid and he shall have no right to retract it.

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

1[ (8-A)A  register in form HH shall be maintained by the Committee the agricultural produce which remained unsold during the course of auction be entered and it shall be obligatory for every dealer or Kacha Arhtiya or Commission agent, as the case may be, to report about the unsold produce to the Committee as soon as his agricultural.

(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 2[and the seller or the buyer shall be liable for any damage to, or loss of, or deterioration in, the produce after the auction according to the local usage or custom 3[or as per provisions of rule 13].

(10)           A person engaged by a producer to sell agricultural produce on his behalf shall no act as a buyer either for himself  or on behalf of another person in respect of such produce 4[without the prior consent of the producer:]

 

Provided that a Co-operative Society shall be exempt from the operation of this rule.

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

 

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

 

5[Provided that nothing in the 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 Arhtiya on delivery of Form I.

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

 

1[24-A. Commission of the Kacha Arhtiya is case of chilies - The commission of Kacha Arhitya for services rendered in connected with the sale, purchase, storage and processing of chilies (dry or green) shall not exceed Rs. 1.50 per hundred rupee of their value.

 

2[24-B seizure of the agricultural produce (1) - The agricultural produce belonging to a person trading without a valid licence shall be liable to be confiscated.

 

(2)(a)   The Secretary of the Committee shall seize the agricultural produce referred to in sub-rule (1) and thenceforth he shall prepare a seizure memo, of the agricultural produce so seized giving such of the following particulars as may be available on the spot:

 

(i)                Name of the agricultural produce;

(ii)               Weight or available description of the vehicle;

(iii)             Name of the driver of the vehicle;

(iv)             Built or consignee No.;

(v)              Name of the consignee or consigner;

(vi)             Place from where the agricultural produce is seized ; and

(vii)           Such other particulars as may be considered necessary.

 

(b) The seizure memo, shall be signed by the Secretary of the Committee, the driver of the vehicle or the person from whose possession the agricultural produce is seized and if the driver or the person from whose possession the agricultural produce is seized does not sign the seizure memo. It shall be signed by two witness alongwith the signature of the secretary of the Committee.

 

(3)       The Secretary of the Committee shall inform the chairman of the committee about the seizure referred to in sub-rule (2) for convening a meeting of the Committee or of the sub-committee , as the case may be, for taking a decision regarding its confiscation and the meeting of the committee of the sub- committee , as the case may be, shall be convened within forty – eight hours of the seizure of the agricultural produce:

 

Provided that the order to confiscate the agricultural produce shall not be made without giving the person concerned an opportunity to show cause as to why such an order should not be made.

 

(4)       The confiscated agricultural produce shall be disposed of in an open auction or in such other manner as may be decided by the Committee and the sale proceeds thereof shall be deposited in the Market Committee Fund.]

 

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

 

(2).      No person shall fill or cause to be filled any agricultural produce expect 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 weight men of a lot of agricultural produce within a notified market area, either party to the contract may cause a test weight men of ten percent of the units of packing in a lot or two packing units whichever is more. The test weight men shall be carried out at the site of weight men and if no test weight men is held at the site, the produce shall be deemed to have been correctly weight men .

 

(5)               Test weight men 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 to that of 1[the Secretary of the Committee.] who, after satisfying himself as to the correctness of the report, shall cause the test weight men to be made in his presence or in the presence of an other official of the Committee authorised by him in this behalf, and the result of such test weight men shall be final, conclusive and binding on both the parties

 

(6)               Before any agricultural produce weight men in pursuance of a contract of sale or purchase within a notified market area is removal from the place of its weight men , the Chairman , the Secretary of the Committee or any employee of the Board not lower in rank to that of 1[the Secretary of the Committee or Agricultural Inspector  (market). or Assistant Marketing Officer of the Marketing section of the department of Agriculture & Forests (Agri. Wing)] shall, with a view to satisfying himself that such  weight men has been correctly made or is filled in accordance with standards fixed under sub-rule (1), be entitled at any time the without any previous notice, to check the weight men by means of weights and instruments kept by the Committee or any other agency in the presence of the purchaser and the saller and if  either or both of them evade presence, test weight men may be carried out in the presence of any two persons present there.

 

(7)               If the weight men 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 - sec.43(2) (x) & (xi)-  (1)-only such weighing instruments as satisfy the 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 the transactions of sale and purchase of a Agricultural produce in the principal market yard and sub-market yard 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 atleast 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 provision 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 measures kept by a Committee under this rule may at any time be inspected , examined and checked by the Chairman 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 1[Secretary] 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 directions.

 

(5)               The Chairman or the Secretary of the board or the committee, and any other person authorised in this behalf by the 2[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 and test any weighing instrument, weigh or measure under sub-rule (5) shall, while so acting, have all the power of an inspector, weighs and measurers, appointed under section 15 of the Punjab weights and measures act, 1958.

 

27                           Weigh-bridges, measuring yards and  certificates of weighment or measurement (1)- The committee may erect in the market a weigh bring for the weighing of agricultural produce on payment of such fees as may be prescribed by its bye-laws.

 

(2)       Sec. 43(2) (x) & (xi)- In place where it is customary for any agricultural produce to be measured instead of being weighed, the committee may specify a place within the market of the purpose and make arrangements for the measuring of such produce on payment of such fee 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 weight meant 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 measurement was done on a defectie weigh-bridge of measuring yard of by means or an incorrect scale or weight or measures.

     

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

 

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

 

 

29.                                     Levy and collection of fees on the sale and purchase of agricultural produce Sec.23 &1 -  [(1) under section 23 a Committee shall levy

 

(i)                  fees on the agricultural produce bought or sold by licenses ; and

(ii)                 also additional fees on the agricultural produce when sold by a producer to a licensee;

 

In the notified market area at the rate 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 such conspicuous place at the office of the committee concerned;

 

            2[Provided further that no such fee shall be levied on the wheat imported from the foreign country]

 

            1[ Provided further that no such fees shall be levied on,

 

i.                   The agricultural produce imported from a foreign country.

ii.                  the certified seads;

iii.                the timber if firewood of the following categories imported from outside the State of Punjab:-

(a)      Kail

(b)      Deodar

(c)       Partal (spruce and fir)

(d)      Hollock (Assam Teak)

(e)      Champ

(f)       Teal

(g)      Sal

(h)      Chill]

 

(2)       The responsibility of paying the fees prescribed under sub-rule (I) shall be of the buyer and if he is not a license than 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 .

 

2[(2-A) The additional fees shall be realised from the producer  by the license through whom the producer sales the agricultural produce and if the sale is made by the producer Director to a license the additional fees shall be realised by the license from out of the sales  proceeds of  the Agricultural produce; and]

 

(3)              The 3[fees including additional fees] shall be paid to the committed or a paid officer duly authorised to receive such payment with in 4[seven] days of the day of transaction;

 

Explanation:- In commuting the period of 5[seven] days specified in sub-rule-3 of rule 29 and sub-rule (1) of rule 31, the day of transaction shall be included.

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

(5)              Very officer of 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 sales pr purchase thereof is entered into in the said areas; 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 pursuance.

 

1[(d)  If the agricultural produce sold or bought otherwise than in pursuance of an agreement of sale or purchase  and 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 justification on the agricultural produce had been weighed in pursuance of the agreement of sale or, if no such weightment has taken place to the Committee, within whose jurisdiction the agricultural produce is delivered.

 

Exemption from payment of fees Sec.23 & 43 - 2[(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 gas already been paid in the same notified market area or in an other notified market area within the State.

30.               

 

1 [(1.A) The dealer who claims exemption from payment of market fee levied on may 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 in from K-1 to the Committee from where exemption is claimed and a copy of the same shall be delivered to the Committee to which the fee has already been paid. The counterfoil shall be retained by the dealer. The book containing K-1from shall be got attested by the dealer from the Secretary of the concerned Market committee or his authorised officer before giving the certificate within a period of thirty days from the date of transaction to the Committee from where exemption is claimed. The certificate presented after the aforesaid period of thirty days shall not be entertained.]

 

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

 

(3)       No market fee shall be leviable on purchase of raw hides and skins and sale of cured tanned and processed hides and skins from the persons who themselves are tanners and are residing in the State.

 

               2[(4) No market fee shall be levied on paddy, cotton, Timber, Firewood and Groundnut taken from one notified market area to another notified market area for the purpose of processing on sawing as the case may be.

 

(5)       No market fee shall be levied during the financial year 1992-93, on the purchase of wheat by the National Committee for Solidarity with Cuba for the purpose to Cuba as a Gift .

 

(6)       No market fee shall be levied on the sale or purchase of Great Millet  (Jowar), Gram and abli gram (Channa Kala and Safaid). Cotton seed (Banaula), groundnut shelled (Mugphalli Giri), Clustar Bean(Gaura), Turemeric (Haldi), Henna Mehndi) , goat Hair, camel Hair, Indian Clover,(Senji), Cress/Gardenress (Hallon), Oats(Javi) Gur,  Shakkar, Khandsari, Green Gram(Mung), Black Gram (Mash), Phaseolus aconditifoetius (Moth), Lentil (Massur), Pigenopea (Arhar), Rajmaha and Soya bean in a notified market area with in the State of Punjab. 

 

(7)       No market fee shall be levied in Indian Colza (sarson) Indian Rape (Toria), Rochet (Tara Mira), Linseed (Alsi), Indian Mustard (Raya), Sesamun (Til), Groundnut (unshelled) and Sunflower seed imported from outside the State of punjab for the purpose of processing and which is not bought or sold as such in the notified market area .]

 

31.       Account of transaction and of fees to be maintained - 1[(1) Every licensed  dealer and every dealer exempted under rule 18 from obtaining a license shall submit to the Committee a return in Form ‘M’ showing his purchases and sales of each transaction of agricultural produce within seven days of the date of the transaction .]

 

Provided that a person exempted from taking a license under rule 18 (2) (b) and 18 (2) (c) shall be exempted from the provisions of this sub-rule in respect of sale of agricultural produce by him person exempted from taking a license under rule 18 (1) (e) and 18 (2) (e) shall be exempted from the provision of this sub-rule in respect of sale and purchase of agricultural produce by him :

 

            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 Hacha  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 purchase from each seller .

 

(2)               The Committee shall maintain a register in Form N showing the total purchase and sales made by dealers and 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 dealer fails to submit a return as prescribed in sub-rule (1) or the Committee has reason to believe that any such return is incorrect, it shall, after giving a notice in form ‘O’ to the dealer concerned and after such inquiry as it may consider necessary, proceed 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 authorised one or more of its member to carry out the inspection ordered by it under sub-rule (5). Such member or member shall be assisted by such employees of the Committee as may be deputed by it for that purpose .

 

(8)               Such member or members may be after inspection prepare or may amend the return already furnished, on the basis of transactions, appearing in the dealers accounts books, and the Committee may fee, levy a 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 penalty equal to the fee or additional fee so levied.

 

(10)           Habitually default in the submission of false return shall be a sufficient ground for suspension cancellation of or refusal or renew, a license, and the provisions 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 this 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 application as received and the copy prepared and delivered to the applicant, and shall be conclusive evidence or the correctness of these dates.

 

(13)           1[An appeal against the assessment order made under sub-rules (8) and (9) shall lie to the Secretary of the Board and shall be preferred within sixty days from the date or communication of the assessment order appealed against in the form of memorandum duly stamped with court fee of twenty rupees and signed by the appellant or his duly authorised agent and shall be presented to the secretary of the Board or to an officer authorised by him.

 

(ii)               If the appellant fails to refer the appeal within the period specified in caluse (i) the appellate authority may for reasons to be recorded in writing condone the delay for filing the appeal if the delay was for reasons beyond the control of the appellant :

 

Provided that no appeal shall be entertained unless the appellant has deposited with the Committee concerned an amount equal to twenty five percent of the amount of the fee assessed as due from him.]

 

EXPLANATION:-   In computing the period of limitation for filing an appeal, the period spent in obtaining a certified copy of the assessment order shall be excluded.]

 

            (ii)        The 2[Secretary of the Board or on officer authorised by him] after hearing the appellant and also the Committee making the assessment, or, if he deems necessary, after such enquiry as he think proper, may accept, modify or reject the assessment order appealed against.

 

(iii)       The 3[Secretary of the Board or an officer authorised by him] after hearing the application and also the committee making the assessment, or, if he deems necessary , after such enquiry as he think proper, may accept, modify or reject the assessment order appealed against.

The order passed by the4[secretary] shall be final and conclusive.

 

 

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