Vidhi Codex

section 5

Registration of persons lawfully engaged in specified trade.

The Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983
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Chapter II DECLARATION OF MARKET AREA AND MARKET YARDS AND PROHIBITION OF CARRYING TRADE AT UNAUTHORISED PLACES

Statutory text
  1. (1) As soon as possible, after any area is declared to be a market area for any commodity, the Chief Executive Officer shall issue a notice and publish it in at least four newspapers having circulation in the market area, inviting all persons lawfully engaged in the specified trade to apply in writing to him for registering themselves with the market committee. Such applications shall be invited within a reasonable period as may be specified in the notice which shall not be less than fifteen days and shall not be more than forty-five days, calling upon the applicants to adduce evidence that the applicants have been actively and lawfully engaged in the specified trade in the area immediately before the date of notification issued under sub-section (1) of section 3.
  2. (2) Any person other than the person referred to in sub-section (1) intending to carry on a specified trade in any market yard shall also apply to the Chief Executive Officer for registering his name with the market committee.
  3. (3) The application for such registration shall be made in such form and shall be accompanied by such documents as the Chief Executive Officer may, with the approval of the Metropolitan Commissioner, notify. It shall also be accompanied by such fee as may be laid down by the by-laws.
  4. (4) The Chief Executive Officer shall consider all applications received by him, if he is satisfied, on making such further inquiry (if any) as he may deem fit, that any applicants were actively and lawfully engaged in or intending to carry on the specified trade, he shall include their names in the register to be maintained by him and inform the applicants accordingly. Every such registered person shall be eligible to get a licence as provided in section 33.
  5. (5) If the Chief Executive Officer refuses to register the name of any person who has applied for the same, he shall communicate his decision in writing with reasons therefor to such person : Provided that, no order under this sub-section shall be passed, unless the person concerned is given a reasonable opportunity to state his case.
  6. (6) If the Chief Executive Officer, on application made to him or on his own motion, is satisfied, after such inquiry as he thinks fit, that any entry in the register is erroneous or defective in any particular or should be deleted on the ground that the person concerned has ceased to carry on the specific trade, he may, after giving a reasonable opportunity of being heard to the person concerned, amend or delete the entry.
  7. (7) Any person aggrieved by any decision of the Chief Executive Officer in regard to the refusal or registration or amendment or deletion of any entry of his name in the register may make an appeal in writing to the Metropolitan Commissioner within one month of the receipt of the communication from the Chief Executive Officer in that regard.
  8. (8) The decision of the Chief Executive Officer in regard to such registration, and where an appeal is made against it, the decision of the Metropolitan Commissioner, shall be final.

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