section 15
Suspension or cancellation of Licences under section 14
The Rajasthan Agricultural Produce Markets Act, 1961General196142 sections2 chapters
Chapter I PRELIMINARY
Statutory text
- (1) The market committee issuing or renewing a Licence under section 14 may, after such enquiry as it deems fit to make and after giving , in the prescribed manner, the Licence a reasonable opportunity of being heard, suspend or cancel any such Licence on all or any of the following grounds, namely-
- (a) that the Licence is found to have committed a breach of any of the terms or conditions of his Licence, or
- (b) that he is found to have contravened any of the provisions of this Act or the rules or bye-laws made thereunder, or
- (c) that he has been convicted of an offence punishable under of this Act or the rules or bye-laws made thereunder: or
- (d) On any other prescribed ground.
- (2) When a Licence has been suspended or cancelled, the holder of Licence shall forthwith produce such Licence in the office of the market committee for being endorsed in the prescribed manner and he shall not be entitled to claim on account of such suspension or cancellation any compensation or refund of the whole or any part of the Licence fee or of any other money. 1[(3) The Chairman or the Secretary of market committee may, for reasons to be recorded, suspend a Licence for a period not more than fourteen and seven days respectively on any of the grounds on which a market committee may suspend a Licence under sub-section(1).
- (4) The Director may for reasons to be recorded in writing, by order, suspend or cancel any Licence granted or renewed under section 14 on any of the grounds mentioned in sub-section(1). Provided that no order under this sub-section shall be made without giving an opportunity of being heard to the market committee and the person against whom the Action is proposed to be taken.] 215-A. Power to remove persons from market yards. - (1) The Chairman, ViceChairman or Secretary of the market committee or any other member, officer or servant authorised by the market committee in this behalf, may stop and remove any person from the principal market yard or sub-market yards or yards found to be operating without holding a valid Licence or disobeying the orders in regard to the procedure to be followed in auction, weighment or any other matter, relating thereto.
- (2) Such removal shall be without prejudice to any punishment to which the person so prevented may be liable under this Act and rules or bye-laws made there under. 315-B. Regulation of market of agricultural produce. (1) No person shall, except in accordance with the provisions of this Act and the rules and bye-laws made thereunder, -
- (a) Use any place in the market area for the sale and purchase of agricultural produce; or
- (b) Operate in the market area as a trader, broker, weighmen, measurer, surveyor, warehouseman or as other market functionary.
- (2) Nothing in sub-section(1) shall apply to the following sale or purchase of agricultural produce :
- (a) where the sale is made by the producer himself to any person for his domestic consumption in quantity up to four quintals;
- (b) which is brought for sale by head load;
- (c) Purchase or sale made by a petty trader up to such quantity as may be prescribed in the bye-laws;
- (d) Purchase made by an authorised fair price shop dealer from the Food Corporation of India, the State Commodities Trading Corporation or any other agency or institution authorised by the State Government. for distribution of essential commodities through the public distribution system;
- (e) Transfer of agricultural produce to a co-operative society for the purpose of securing an advance made by such co-operative society. 15-C. Sale of agricultural produce. - (1) Subject to the provisions of sub-section(2), all agricultural produce brought into the market proper for sale shall be sold only in the principal market yard or sub-market yard or in private sub market yards: Provided that it shall not be necessary to bring the agricultural produce produced under contract farming in the principal market yard or sub-market yards or private sub-market yards and it may be sold directly to the contract farming buyer.
- (2) Such agricultural produce as may be purchased by a trader from outside the market area or in the market area from another trader may be brought or sold anywhere in the market area in accordance with the provisions of the bye-laws.
- (3) The price of the agricultural produce brought for sale into market yard shall be settled by tender bid or open auction system and no deduction shall be made from the agreed price on any account whatsoever from the seller. 15-D. Terms and procedure of buying and selling. - (1) Except in case of a transaction between two traders, any person who buys agricultural produce in the market area shall execute an agreement in triplicate in such form, as may be prescribed in the favor of seller. One copy of the agreement shall be kept by the buyer, one copy shall be supplied to the seller and the remaining copy shall be kept in the record of market committee. (2)(a) The price of the agricultural produce brought in the principal market yard or submarket yard or private sub-market yard shall be paid on the same day to the seller in principal market yard or sub-market yard or, as the case may be, private sub-market yard. Payment of agricultural produce purchased out of such yard or yards shall also be made to the seller, if he is not a trader, on the same day.
- (b) In case purchaser does not make a payment as specified under clause(a), he shall be liable to make payment within five days from the date of purchase with an additional amount at the rate of 1 per day of the total price of the agricultural produce payable to the seller.
- (c) In case the purchaser does not make payment as specified in clause(b) within the said period of five days, his Licence shall, without prejudice to his liability under any other law, be deemed to have been cancelled on the sixth day and he shall not be granted any Licence or permitted to operate in a market as any other functionary under this Act for a period of one year from the date of such cancellation.
- (3) No wholesale transaction of agricultural produce shall be made directly by any traders with producers of such produce except, in the principal market yard or sub-market yard or private sub-market yard, and in accordance with the provisions of this Act or bye-laws made thereunder: Provided that agricultural produce produced under contract farming may be bought directly by contract farming buyer anywhere.
- (4) The commission agent shall recover his commission including all expenses as may be incurred by him in the storage of the produce and other services rendered by him only from his principal trader at such rates as may be specified in the bye-laws.
- (5) Every commission agent shall be liable - a) To keep the goods of his principal in safe custody without any charge, and b) To pay the principal, as soon as the goods are sold, the price thereof irrespective of whether he has or has not received the price from the buyer of such goods.
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