32. Books to
be kept by licensed brokers and godown-keeper. Sec.43(2)(xxxi) -
Every broker and every godown-keeper licensed under these rules shall-
(a)
keep
such books in such from as the Committee granting the licence may, from time to
time, prescribed by its bye-laws;
(b)
render
such return at such time 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
prevention 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 Sec.43(2) (vii), (viii)&(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 exempted under these
rules ; or
(e)
any
money has paid by mistake; the 1[Chairman of the Board or Chairman
of the committee] as the case may be, shall , on a written application being
made within 2[one year ] 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 3[Chairman]
of the Board 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. Sec.43(2)(xxxiii) - (1) No person shall
adulteration agricultural produce, or place or offer adulteration produce for
sale, in a notified 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 purpose 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 served remains of the agricultural
produce with agricultural produce and mixing of the earth , dirt and stones or
any other extraneous matter with any agricultural produce.
35. Preservation
of the prescribed form and production thereof and inspection of the accounts
books .
Sec.43 (2)(xxxi) - The counter foils 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.
1[ (2) omitted]
(3) Every licensee and dealer exempted under rule 18 from taking a licence
working within the notified market area, shall on demand by Secretary or
chairman of the Committee or any officer of the Board authorised by the 2[Chairman
if the Board of an authorised by him] in this behalf , produce all or any of
the forms preserved under sub-rule (1) above or the account books maintained in
respect of the sale, purchase, storage, transportation or processing of
agricultural produce by him for inspection and examination at such time and at
such place as he may be required and shall, if required by any of the
inspecting officers, hand over any or all of the said forms, or books against a
receipt ,
1[35-A. Power
to order productions of accounts, power of entry inspection, seizure and
stopping vehicles] (1)- Any officer of the Board not below the rank of 2[the
secretary of the Committee] or any other officer in empowered by the State
Government in this behalf, may requires dealer to produce before him, the books
and other documents maintained by him and to furnish any information relating
to the purchase, sale, storage, or processing of agricultural produce and also
such other information relating to the payment of the market fee by him as may be required necessary.
(2)
All
accounts and registers maintained by any dealer and documents relating to the
purchase, sales storage, or processing of agricultural produce, in his
possession, and his officer, establishment, godown or vehicle shall be open to
inspection at all reasonable times by any of the officer specified in sub-rule
(1).
(3)
If
such an officer has reasons to believe that any person is attempting to evade
the payment of market for due from him under section 23 of that any person has
purchased agricultural produce in contravention of any of the provisions of the
Act or the rules or bye laws in force in any market area, he may, for reasons
to be recorded in writing, seize such accounts, registers or documents of such
person, as may be necessary, and shall grant a receipt for the same and shall
retain the same only so long as they may be necessary for examination thereof
or for the prosecution of the person concerned.
(4)
For
the purpose of sub-rule (2) and (3) such officer may enter and search any place
of business warehouse , office, establishment, godown or vehicle where he has
reason to believe that the dealer keeps or is for the time being keeping any
accounts, registers, documents, relating to his business or stock of
agricultural produce.
(5)
The
provisions of Sections 100 and 102 of the Code of Criminal procedure (1973)
shall , so far as may , be apply to search and seizure under sub-rules (3) and
(4).
(6)
At
any time when so required by the Government or by nay officer of the Board not
below the rank of 1[ The Secretary of the Committee] or any officer authorised
by the Government in this behalf, the driver or any other person incharge of
any vehicle or other conveyance which is taken or proposed to be taken out of
the market area shall stop the vehicle or other conveyance, as the case may be
keep it stationery as long as may reasonably be necessary and allow such
officer to examine the agricultural
produce carried in the vehicle or other conveyance , and to inspect all records
relating to such agricultural produce, and furnish his name and address and the
name and address of the owner of the vehicle or other conveyance and owner of
the agricultural produce carried in such vehicle or other conveyances.
36. Composition - sec. 46, 43(1)
&43(2) (vi) - (1) In
case the chairman of the Committee accepts a sum, by way of composition in the
accordance with the provision of 46, 43 (1) Section 46 , he shall report the
matter in next meeting of the end 43(2) Committee, placing before the meeting
all relevant papers in (vi) that behalf.
(2) The amount so realised by way of
composition shall be in addition to any amount due from the offender under the
Act or the rules or the bye-laws.
37. Publication of marketing
information
Sec.28 (vii) & 43(1)- (1)
A committee may, and when required by the 1[Chairman of the Board or
an officer authorised by him] shall, for the benefit of the persons using the
market exhibit in a suitable place outside its officer and at such other place
or places as may be determined by it, bulletins of information on such matters
as the price of agricultural produce ruling at the principal marketing centers
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 regional language in 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 officer of the Committee.
38. Storage accommodation sec-
43 (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.
1[39 penalties]
Sec,43(3) (1) Any person committing a breach of any of the provisions of these
rules or any of the conditions of his licence shall be punishable with fine
which may extend to five hundred rupees.
Provided that no person shall be prosecuted under these
rules without affording him an opportunity to show cause]
40.
Procedure for appeals Sec.43 (2) (xxii)- Every
appeal preferred under sub-section (4) of section 10, sub-section (3) of section
29 and section 40 shall bear a court fee stamp of 2[ten rupees] and
shall be presented to the appellate authority in the form of a memorandum by
the appellate or his duly authorised agent. The memorandum shall set forth
concisely the grounds of objection to the order appealed from and shall also be
accompanied by a copy of such order.
(2) The limitation for filling an appeal
under section 40 shall be one month from the date of order appealed from.
(3)
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.
(4)
The
appeal shall be decided after notice to and hearing the parties concerned, if
they so desire, and after making such further enquiry as the appellate
authority may consider necessary.
(5) A copy of the decision on the appeal shall be supplied to the Board or the Committee concerned free of charge , and on demand to the appellant on the payment of 3[one rupee] per page or a part thereof subject to a minimum of 4[ten rupees]
Imprest Account Register **** 3 years
Attendance Register **** 1 year
Movable Property Register **** 10 years
Library Register **** 10 years
Demand and Collection
Register **** 10 years
Register of Stamps **** 3 years
Stock Register **** 10 years
Register of court cases **** 10 years
Investment Resister **** Permanently
Files about the appointment,
removal
And dismissal of employees **** 35 years
Other Record which the Board
or **** such period
Committee may decide to
preserve for (not
less than
More than three years 10
years)
As
may be
Prescribed
by
The
Board or
The
Committee.
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 licence
issued under any rule so repealed; or
(c)
any
panality , forfeiture 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,
penality , forfeiture or punishment as aforesaid ;
and any such investigation, legal proceeding or remedy
may be instituted continued or enforced, and any such penality, 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.
Application for licence under Section 10
To
The (Licencing Authority)
State Agricultural Marketing Board,
------------------------------------------
Through
The Secretary, Market Committee……………….
Sir,
The particulars of my business are given below :
1. Name of the applicant with full address_____________________
2. Place of business for which licence is applied
For (give the name or number of the building
And the name or number of the street or other
Description sufficient to identify the premises_____________________
3. If the applicant is a firm, is it a Hindu Joint
Family Firm, or otherwise constituted and has
It been registered or not ?____________________
4. If the applicant is a firm, give the names of all
Persons constituting the firm parentage, residence
And address_______________________
|
Sr No |
Name |
Father’s or Husband
name |
Full Address |
5. name of the Managing proprietor or Manager
of the firms ________________________
6. Name and Style under which the applicant
will work ________________________
7. Has the applicant or, where the applicant is a
Firm, has any member thereof, singly or in
A dealer’s licence in any notified market area in
The State and has suspended or cancelled ? If so,
When for what period and for what reasons _____________________
8. Particulars of the business for which the
licence is required._______________________
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,
rules and by-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 granted to me.
Signature of applicant.
To be filed in by the office of the Committee :-
|
Licence fee received |
No. of receipt |
Date of receipt |
Page of Cash-book where entry made |
|
|
|
|
|
Verified
Secretary,
Market Committee
Account,
Market Committee.
This licence is granted to M/s______________________
Subject to conditions prescribed hereunder :
Notified market area ___________________________
1. Serial No. of licence ___________________________
2. Name of the Managing ___________________________
Proprietor or Manager
Of the firm with parentage
3. Date from which the ____________________________
the licence takes effect.
4. Date on which the licence ______________________
expires
5. Particulars of business for which _________________
the licence is valid.
6. Place of business _______________________
Place……………
Date ……………
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 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 licencee in this connection.
4. He shall conduct his business honestly and properly according to the principles of their dealings.
5. He shall display his licence at a conspicuous 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 boycott 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 licenced 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 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 authoreised by it, furnish correct information on the matters pertaining to his business relating to sale and purchase of agricultural produce under Act.
Registrar of licecne issued 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 Partner.
|
Serial No. |
Name |
Father’s Name |
Address |
|
Date of entry |
Date from which the
licence takes effect |
Date of which the
licence expires |
Licence fee
received |
Receipt No and date |
Signature of
issuing authority with designation |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
FORM D
Application for licence under
section 13
To
The Chairman,
Market Committee.
Sir,
The particulars of my business are given below :-
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. If the applicant is firm, give the names of all persons constituting it with parentage, residence and address, in full of each.
|
Sr. No. |
Name |
Father’s
Name/Husband’s name |
Full Address |
4. Name of the managing proprietor or
manager who will actually conduct the
business. ________________________
5. Name of style under which the applicant _________________________
will actually conduct his business.
As a broker/weighman/measurer/surveyor
Godown keeper/palledar? ________________________
To the applicant, or if the applicant is a firm, to
Any member thereof , singly or in collabo-
Ration with any body else for working as a broker
Weighman, measurer surveyor, goownkeeper or pall-
Edar in any notified market area been cancelled? If so,
Where When for what period and for what reasons ______________
Certified that the facts set out in the application are true to the best of my knowledge. I understand to abide by provisions of the Agricultural Produce Market 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 Market Act, 1961, may kindly be granted to me.
Signature of the applicant
Notes : (1) A licence to
work as a weighman, a measurer or a surveyor shall only be granted to individual
s and not to firms.
(2) In case the application is made by a firm, it may be signed by the managing partner only
To be filled by office
|
Licence fee received |
No of receipt |
Date of receipt |
Page of Cash Book where entry made |
Verified
Accountant
Market Committee.
Secretary,
Market Committee.
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 licencee shall comply with the provisions of the Punjab Agricultural Produce Markets Act, 1961 and rules and bye-laws framed there under 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 demand to the Committee or any other officer authorized 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 to the interest of the trade and proper functioning of the market.
7. The licenseee, except the go down-keeper, shall not accept any service under the dealer.
8. If the licensee is a weighman, measurer or surveyor, he shall abide 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.
If the licensee is a godown-keeper, he shall keep his godwon neat, clean and did to the satisfaction of the Committee.
FORM G
Application for the renewal of licence under section 13
To
The Chairman,
Market Committee
_______________
Sir,
I request for the renewal of my licence. The necessary particulars are given here below :-
1. Name of the notified market are for which
The licence has been issued. __________________
2. Name of the applicant (with full particulars
Of the place of business. ___________________
3. Name of the Managing Proprietor of the
Manager of the firm, if any. ____________________
4. Number of licence ____________________
5. Date on which the licence expires _____________________
6. Period for which renewal is requested _____________________
7. Fee paid _____________________
8. Penality paid, if any ______________________
1. Has the applicant, or where in the case of
A godown keeper the applicant is a firm
Has any member thereof, singly or in
Collaboration with anybody else, been granted
a licence for working as a broker, weigh men,
surveyor or Godown keep or palledar in any
notified market area in the State and has such licence
been suspended, or cancelled. If so, when, where,
for what period and for what reason _________________
Certified that al 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
|
Renewal licence fee received |
Penalty received if any |
No. of receipt |
Date of receipt |
Page of Cash Book where entry made |
Remarks |
Verified,
Accountant,
Market Committee
Secretary,
Market Committee
FORM H
|
Date |
Name of Katcha
Arhtiya |
Name and Addr-ess
of seller |
Descri-ption of
produce |
Approx-imate Qty. |
Rate at which the
predouce |
Name of buyer |
Signature of Katcha
Arhtiya and buyer |
FORM H
|
Date
of first auct-ion |
Name
of seller |
Name
of Kacha Arhtiya |
Name
of agricultural produce |
Appro-ximate
weight |
Signature
of Kacha Arhtiya |
Date
of subseq-uent auction |
Rate
at which agriculture produce has ben sold |
Name
of Buyer |
Sign-ature
of buyer |
Remarks |
FORM I
Book No. _________________
Serial No. _________________
Name of Market _________________
Name of Kacha Artiya _________________
Name of Buyer _____Date _________________
|
Name of commodity |
Weight |
Rate |
Total Amount |
Market Charges |
Grand Total |
|
|
|
Rs |
Rs |
Rs Commission _______ Brokerage
_______ Palledari
________ Filling & Sewing Charges _________ Other Charges_____ Total __________ |
Rs |
FORM J
Book No.__________________ Serial No. _____________________
Name of Market _______________ Date of auction ____________________
Name of Kacha Arhtiya _________ Addres ofseller ____________________
|
Name of commodity |
Name of the buyer |
Weight |
Rate |
Total |
Incidental Charges |
Net Amount paid |
|
|
|
|
Rs |
Rs |
Rs |
Rs |
Singnature of seller, his Signature of Kacha Artiya
Agent or representative
Note :- Where the Agriculturals Produce, belong
vegetable or fruit is delivered, it shall not be necessary to fill the column 2
relating to name of buyer
FORM K
Book No. Receipt
No.
Receipt
Market Committee _________________________________
Date of receipt __________________________________
Amount received __________________________________
Received from _________________________________
Signature
of person
Receiving
payment
|
Date of purc-hase |
Name of agricul-tural produce |
Notified market area where purchases were made |
Weight the Agricu-ltural Produce |
Date of present of fee |
Name of extracted commodity |
Weight of the extracted commodity and date of extraction |
Remarks |
|
|
|
|
|
|
|
|
|
FORM M
Return of daily purchase and sales
Market Committee ___________________
Date __________________
Name of dealer_________________
Last date when market fee paid with receipt No.___________________
|
Date
of transactoin |
Name
of com-modity |
Name
of seller from whom purchased |
Weight |
Rate
|
Value |
Whether
fee is leviable or not why? |
Amount
of fee leviable from buyer (b) from purchaser |
Name
of buyer to whome sold |
Weight |
Rate
|
Value |
Whether
fee liviable if not why |
Amount
of fee lieviable from buyer(b) from producer (c) total |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total___________________ Total __________________
Note : In case of dealers dealing exclusively in vegetable or fruit, it shall not be necessary column 7 relating to “Name of buyer to whom sold”
No. Date
To
M/s _______________________
_______________________
You are hereby informed hat your business during the period from
_____________ to ____________ has
been assessed from levy of market fee and penalty, etc. , as under :-
(a) Assessed Value of business __________________________
(b) Market fee chargeable _________________________
© Deduct Market fee already paid if any _________________________
(d) Net payable (b+c) ________________________
(e) Penality _______________________
(f) Total (d+e) ______________________
You are hereby directed to pay the sum f Rs. _____________________________
To the Market committee _______________________ at its office at (place)_________________ On or before (date )_________________ railing which the said sum will be recoverable from you as an arrear of land revenue.
Chairman
Market Committee
FORM Q
Name and address of the consignor alonwith Licence
Number
1. No.
and description of vehicle ________________________________
2. Date and time of departure ________________________________
3. Name of agricultural produce ________________________________
4. Quantity ________________________________
5. Name of Market Committee where
fee is paid or to be paid _______________________________
6. Name and address of Consignee ______________________________
Signature of Consignor
With stamp