Levy of fee by market committee

(1) The market committee shall levy a fee on any notified agricultural produce bought or sold in the notified market area at a rate not less than one rupee but not exceeding two rupees for every hundred rupees of the aggregate amount, for which the notified agricultural produce is bought or sold whether for cash or for deferred payment or other valuable consideration : Provided that, when any agricultural produce brought into any notified market area for the purpose of processing only, or for export is not processed or exported therefrom within thirty days from the date of its arrival therein, it shall, until the contrary is proved, be presumed to have been brought into such notified market area for buying and selling, and shall be subject to the levy of fee under this section on the value of the agricultural produce, as if it has been bought and sold therein. Explanation I. For the purposes of this sub-section, all notified agricultural produces taken out or proposed to be taken out of a notified market area shall, unless the contrary is proved, be presumed to be bought or sold within such area. Explanation II. - In the determination of the amount of the fee payable under this Act. any fraction of ten paise less than five paise shall be disregarded and any fraction of ten paise eared to or exceeding give paise shall be regarded as ten paise. “Provided further that no fee shall be levied more than once on any notified agricultural produce bought or sold in any notified market area within the State.” (2) The fee referred to in sub-section (1) shall be paid by the purchaser of the notified agricultural produce concerned : Provided that where the purchaser of notified agricultural produce cannot be identified, the fee shall be paid by the seller. (3) If any notified agricultural produce liable to payment of fee under sub-section (1) is found to have been processed without payment of fee payable in respect of that produce, the fee shall be levied and recovered on the equivalent quantity of the notified agricultural produce notwithstanding such process. (4) (a) The fee payable under sub-section (1) shall be determined and collected in such manner as may be prescribed. (b) The burden of proving that any notified agricultural produce is not liable for the levy of fee or the fee payable has already been paid under this section shall lie on the person claiming such exemption or non-liability and till it is established with sufficient records to the satisfaction of the market committee that the notified agricultural produce has already suffered the liability, the fee due on such produce shall be paid. (5) Any notified agricultural produce taken or proposed to be taken out of a notified market area exceeding such quantity as may be prescribed shall be accompanied by a permit issued by the Secretary of the market committee subject to the by-laws made in this behalf by the market committee.