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THE PUNJAB AGRICULTURAL PRODUCE MARKETS (GENERAL) RULES, 1962

1. Short title, extent and commencement
These rules may be called the Punjab Agricultural Produce Markets (General)
Rules, 1962.
(2) They shall come into force at once.
2. Definitions
In these rules, unless the context otherwise requires :-
(1) “Act” means the Punjab Agricultural Produce Markets Act,
1961;
1[(1-a)
‘‘Assessing Authority” means the Secretary of the concerned committee
who shall be an authority to make the assessment under these rules;]
2[(2)
“Buyer” ..................................omitted.]
3. “Bye-Law” means a bye-law made under sub-section (14) of
Section 3 or sub-section (1) of Section 44, as the case may be;
3[(4)
“Pacca Arhtia” means a dealer, who for himself or on behalf of any
other person makes or offers to make a purchase or sale of any agricultural
produce or does or offers to do anything for carrying out such purchase or
sale];
5. “Director of Agriculture” means the Director of
Agriculture, Punjab;
4[(5-a)
“District Mandi Officer” means an officer appointed as such by the
Secretary of the Board];
6. “Deputy Commissioner” means the Deputy Commissioner of
the District having jurisdiction over the notified market area or, if such area
is situated in more than one district, such Deputy Commissioner of one of these
districts as may be specified by the State Government in this behalf;
7. “Form” means a form appended to these rules;
8. “Incidental charges” means the charges payable by the
seller in lieu of the services rendered in connection with the handling of
agricultural produce prior to the finalisation of the bid at the auction, such
as unloading, cleaning and dressing charges ;
5[(----------)]
9. “Kacha Arhtia” means a dealer who, in consideration of
commission, offers his service to sell agricultural producer;
6[9-A]
“Licensing Authority” means the authority to whom applications for
grant of licence by made under section 9 of the Act];
1. Added vide Notification No. GSR
19/P.A-23/61/S.43/Amd. (51)/99 dated 15.3.1999.
2. Omitted vide Notification No. GSR 30/PA-23/61/S.43/Amd (52)/99 dated
30.3.1999, published in the Gazette, dated 1.4.1999.
3. Substituted vide Ibid.
4. Inserted vide Notification No. 11 (13)-M-III-83/9379 dated 4.5.1988.
5. Omitted vide Notification No. 1593-RD-1-74/8126 dated 3.5.1974.
6. Inserted vide Notification No. 11 (13)-M-I-83/21424 dated 13/14-10-1987.
10. “Licensee” means a person holding a licence issued under
these rules or the rules hereby repealed;
1[10-A
“Maintenance” in relation to house shall include the payment of local
rates and taxes and charges for electricity and water as also charges for
telephone including trunk-calls made in connection with the affairs of the
Board];
11. “Market Charges” means all charges payable by the buyer in
lieu of the services rendered in connection with the handling of agricultural
produce after the finalisation of the bid at auction, such as the commission of
Kacha-arthtia, brokerage, auction charges, remuneration for palledari,
2[filling, weighing sewing and loading];
12. “Palledar” means a person who assists in loading,
unloading, weighing, measuring, cleaning and dressing or agricultural produce;
13. “Progressive Producer” means a producer who, in the opinion
of the Director of Agriculture, carries on agricultural produce on improved
lines;
14. “Retgistrar” means the Registrar, Co-operative Societies,
Punjab; and
3[15.
“Seller” ...................Omitted]
3. Constitution of the Board
Sec 3 &
4[(1) For the purposes of enabling the State Government to
nominate non-official members,
43(2)(1)
(i) under sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1) of
section 3, the Secretary of the Board shall submit a panel of two names from
each district;
(ii) under sub-clause (iv) of clause (b) of sub-section (1) of section 3, the
Director of Agriculture shall submit a panel of eight names;
(iii) under sub-clause (v) of clause (b) of sub-section (1) of section 3, the
Director of Agriculture shall submit a panel of nine names, three from each
division; and
(iv) under sub-clause (vi) of clause (b) of sub-section (1) of section 3, the
Registrar shall submit a panel of eight names].
5[(2)
The panel of names received under clause (i), (ii), (iii), (iv), (v) and (vi) of
sub-rule (1) shall not be binding upon the State Government].
(3) The casual vacancies among non-official members of the Board shall be filled
by calling a panel names in the manner indicated in sub-rule (1), consisting of
such number as the State Government may in each case direct.
1. Inserted vide Notification No. GSR
24/PA 23/61/S-43/Amd. (15) 71 dated 18.3.1971.
2. Substituted vide Notification No. 11/03/2003-M-3/3788, dated 5.6.2003.
3. Omitted vide Notification No. GSR 30/PA 23/61/S.43/Amd (52)/99 dated
30.3.1999, published in the Gazette, dated 1.4.1999.
4. Substituted vide Notification No. 11 (13)-H-III-83/9379 dated, 4.5.1988.
5. Substituted vide Notification No. 11(7)-M-I-79/8388, dated 26.6.1984.
(4) The term of office of non-official members shall commence from the date on
which the appointment is notified in the official Gazette.
1[3-A.
Meetings of the Board
A meeting of the Board shall ordinarily be held at least once in three months at
a time and date and place fixed by the Chairman and he shall preside over such a
meeting].
2[4.
Functions and powers of Chairman of the Board
Sec. 3 (II) (1) The Chairman of the Board
shall-
& 43 (2 (ii) (a) be responsible for the
efficient administration of the organization and to carry out the provisions
of the Act and the provision of those rules and to exercise
general control over the employees of
the Board and those of the
3[committees; and]
4[(b)...........................................................................Omitted]
(c) be responsible for the preparation of the annual budget of the Board.
(2) The Chairman of the Board shall preside over the meetings of the Board.]
5. Matters on which Board may frame bye-laws
In addition to the matters specified in sub-section (14) of section 3, the Board
may frame bye-laws regulating-
Sec.3 (14) (a) better marketing of agricultural produce and marketing of
agricultural produce on co-operative lines;
(b) the grading and standardisation of agricultural produce;
(c) the general improvement in the market or their respective notified
market areas;
5[(c
–a) the incurring of expenditure on the construction and repair of the link
roads and approach roads out of the Market Committee Fund];
(d) the maintenance and regulation of rest-house, staff quarters and other
building of the Board;
(e) the procedure for giving aid to financially weak committees;
(f) the allowances payable to the members of the Board or Advisory committees;
(g) propaganda, deministration, publicity and education for improvement of
marketing and agriculture;
(h) the classification of the committees on the basis of their income for the
purpose of fixing the grades of their Secretaries and other employees;
1. Added vide Notification No. G.S.R.
27/P.A. 23/61/Ss. 3 & 43/Amd. (57) /2001 dated 1.3.2001, published in the
Gazettee dated 9.3.2001.
2. Substituted vide Notification No. 11/13/93-M-3/5762 dated 27.8.2003.
3. Substituted vide Notification No. 11/16/06-M-3/4495 dated 24-7-2006,
published in the gazette dated 4-8-2006.
4. Omitted vide ibid.
5. Added vide No. Notification No. 11/13-M-III-83/9379 dated 4-5-1988.
(i) the person or persons by whom, and the manner in which, a contract may be
entered on behalf of the Board; and
(j) any other purpose which, in the opinion of the Board, is calculated to
promote the interest of the Board or the committees, or to lead to improvement
of marketing and agricultural in general.
6
1[Budget of the Board]
Sec.3 (13) (1) The Board shall meet not later than
first week of February every year to finalise the budget for the
next financial year.
(2) The budget finalished by the Board shall be submitted to the State
Government not later than the last week of February proceeding the year to which
the budget relates.
(3) No expenditure shall be incurred by the Board unless there is a provision in
the budget to meet the same.
(4) The Board may re-appropriate any amount under the Head of Account to another
without prior approval of the State Government.
2[(5)
.......................Omitted.]
3[6-A
Budget of the Committee
(1) Each market Committee shall meet not later than the first week of February
every year to pass the budget of the Committee for the next financial year and
the budget shall be in consonance with the provisions of section 28 of the act
and the rules made there under. The budget shall be passed in accordance with
the guidelines issued by the Chairman of the Board from time to time.
(2) The Market Committee after passing the Budget, shall send the same to the
Chairman of the Board, who may amend the budget according to the requirement of
the Market Committee or as per the need of notified market area. The Committee
shall implement the budget as approved by the Chairman of the Board. If the
Market Committee does not receive the budget from the Chairman of the Board
within a period of two months from the date of its receipt by him then the
budget as passed by the Market Committee shall be deemed to have been approved
by the Chairman.
(3) If the Chairman of the Board finds that expenditure has not been incurred in
accordance with the provisions of the Act and the rules made there under, he
would refer the matter to the State Government along with his recommendations
for talking necessary action under the Act and the rules made there under.]
7. Publication of notification under section 6
(1) Copies of notification issued under section 6 shall be published under the
orders and at the discretion of the
4[Chairman] of the board, in one or more of the modes specified
below:-
Sec.6(1) (a) by publication in the regional language or in such other language
and in such newspapers as in the opinion of the
5[Chairman of Board] of the Board will give due publicity among
persons likely to be affected thereby;
1. Substituted vide Notification No.
G.S.R. 3/P.A.-23/61/s.43/Amd. (56)/2001, dated 5.1.2001.
2. Omitted vide Notification No. 11/16/06-M-3/4495 dated 24-07-2006, published
in the Gazette dated 4-8-2006.
3. Inserted vide ibid.
4 & 5. Substituted vide Notification No. 11/13/93-M3/5762, dated 27.8.2003
(b) by affixing a copy of the notification in the regional language or in such
other language as may be considered necessary by the
1[Chairman of the Board] in the office of every Municipal
Committee, Notified Area Committee, Panchayat Samiti and Zila Parishad, if any,
within whose jurisdiction the notified market area or any part thereof is
situated, and at some conspicuous place in the existing market; if any;
(c) by affixing a copy of notification in the regional language or in such other
language as may be considered necessary by the
2[Chairman of the Board] in the principal common meeting place, if
any, of every village within the notified market area;
(d) by beat of drum in the villages within the notified market area.
(2) The time of publication under clause (a) to (c) and the time and frequency
of the drum beating under clause (d) shall be determined by the
3[Chairman of the Board].
(3) The expenses of publication under sub-rule (1) of copies of the notification
issued under section 6 shall be met out of the Marketing Development Fund.
8. Constitution of Committees for the first time
Sec12(4)
4[(1) Where a Committee is to be constituted for the first time
under sub-section (4) of section 12, the
43(2)(i) concerned District Mandi Officer shall
send to the Secretary of the Board a panel of names equal to
double the names of members to be nominated for onward
transmission to the State Government for
nomination].
5[(1-A)
The panel of names received under sub-rule (1) shall not be binding upon the
State Government].
(2) The members nominated under sub-section (4) of section 12 shall hold office
till the election or appointment, as the case may be, of their successors is
notified under sub-section (3) of section 12 or for a period of two year,
whichever may be earlier.
9. Term of Office of the Chairman & Vice-Chairman of Market Committee
Sec 43(2) (1) The term of office of the Chairman and Vice-Chairman of Committee
shall
(iii) be co-terminus with the term of office of the members who had elected
them.
(2) A Chairman or a Vice-Chairman shall cease to function as such-
(a) on the termination of the membership; or
1-3. Substituted vide Notification No.
11/13/93-M3/5762 dated 27-8-2003.
4. Substituted vide Notification No. 11(13)-M-III-83/9379 dated 4-5-1988.
5. Added vide Punjab Govt. Gazette Notification dated 8-12-1976.
(b) on the acceptance of his resignation given in writing to the Board; or
(c) on the confirmation by the Chairman of the Board of the resolution passed by
the members under sub-setion (2) of section 16; or
(d) on his removal from the membership by the State Government under section 15.
10. Powers of Chairman & Vice-Chairman of Committee
Sec 43(2)
1[(1) The Chairman of the committee shall be its chief executive
officer and be uthorized for proper
(iii) management of the affairs of the
committee in accordance with the provision of the Act, rules and bye-
laws framed thereunder.
(2) The Chairman of the committee shall send report about the annual assessment
of the work of the Secretary of the committee to the concedrned District Mandi
Officer who shall forward the same with his comments to the
2[Chairman of the Board] who shall record his opinion thereon.
(3) The report about the annual assessment of the work of other employees of the
committee shall be written by the Secretary of the committee who shall send the
same to the Chairman of the committee who shall record his opinion thereon. If
the Chairman of the committee disagree with the opinion of the Secretary of the
committee, he shall send a copy of his opinion to him].
(4) The Chairman shall forthwith report to
3[Chairman of the Board] in case any member or the committee dies
or becomes subject to any of the disqualifications mentioned in sub-section (5A)
of section 3 read with sub-section (6) of section 12.
(5) The Chairman may by an order in writing delegate any of his powers to the
Vice-Chairman or Secretary, generally, or for such period as may be determined
by him and may, at any time and without assigning any reasons withdraw the
delegation so made by a like order.
1. Substituted vide Notification No. 11
(13)-M-III 83/9379 dated 4.5.1988.
2 & 3. Substituted vide Notification No. 11.13.93-M-3/5762 dated 27.8.2003.
1[(6) The Chairman shall be the authority competent to grant
casual leave to the Secretary of the Committee but other kinds of leave shall be
granted to him by the
2[Chairman of the Board] or such other officer of the Board as may
be authorised by him in this behalf:
Provided that the Secretary of the Committee shall intimate about his
being on leave to the concerned District Mandi Officer before proceeding on
leave or as early as possible after that.
(7) The Chairman shall ordinarily attend the office of the committee at least
once in a week and if he is likely to be absent from the notified market area
for more than a week or on account of illness or other circumstances is unable
to perform his duties, he shall inform the Vice-Chairman in writing accordingly
and send a copy of the same to the concerned District Mandi Officer and the
Vice-Chairman shall thereupon act for the Chairman, and while so doing he shall
have all the powers and privileges and be responsible for all the duties of the
Chairman. In the event of death of the Chairman or in the event of resignation
of the Chairman having been accepted or a no-confidence motion against him
having been confirmed, the powers, privileges and responsibilites of the
Chairman shall be exercised enjoyed and discharged by the Vice-Chairman who
shall officiate as Chairman until a new Chairman is elected or nominated :
Provided that if the Chairman is absent from the notified market area for
over a month or is unable to attend the office of the committee on account of
illness or for other circumstances or for any other reason is unable to perform
his duties and where the Chairman does not inform the Vice-Chairman about his
absence in writing the
3[Chairman of the Board] shall direct the Vice-Chairman to
officiate as Chairman till the Chairman resumes his duties].
11. Resignation of member of Committee
Sec17& (1) Any member of a Committee may
resign his office by tendering resignation
43(2) in writing to its Chairman and if,
the member tendering resignation is himself the Chairman he shall
submit it to the
4[Chairman of the Board].
Provided that if no Chairman of a committee has been elected the member
may submit his resignation to the
5[Chairman of the Board].
(2) Every resignation received under sub-rule (1) shall forthwith be forwarded
by the Chairman of the Committee alongwith his comments to the
6[Chairman of the Board] who shall, with the leat possible delay,
forward the same with necessary comments to the State Government.
1. Substituted vide Notification No. 11
(13)-M-III- 83/9379, dated 4.5.1988.
2 to 6. Substituted vide Notification No. 11/13/93-M-3/5762, dated 27.8.2003.
(3) The acceptance of every resignation shall be notified by the State
Government in the Official Gazette and the member shall cease to function as
such from the date of such notification.
12. Language for transaction of business
Sec.43(2) The business at the meeting of the
committee shall be transacted in the
(vi)
1[Punjabi language].
13. Appointment of disputes sub-committee
Sec19 & 43 (1) A committee may appoint a
sub-committee called the disputes sub-
(2) (xiii) committee consisting of such
number of members and other person as it may think fit, to arrange for
the settlement by arbitration of any dispute between a buyer
and seller of agricultural produce or their agents including disputes regarding
quality or weight of the article, the price or rate to be paid, allowances for
wrappings, dirt or impurities or deductions for any cost:
Provided that the Chairman of the committee shall not be a member of the
disputes sub-committee.
(2) The disputes sub-committee shall, for each market yard, appoint a panel of
not less than six person to act as arbitrators in the settlement of the
aforesaid disputes. Every person included in the panel shall be either producer
living in the notified market area, or a dealer doing business in the market
yard for which that panels has been appointed.
(3) Where any such dispute arise the parties thereto may agree to the settlement
thereof in accordance with the following provisions:-
(a) The disputes shall be reported to the Secretary of the committee who shall
try to settle the dispute. If he fails the dispute shall be settled in the
manner provided in clause (b), (c), (d) and (e).
(b) Each party to the dispute shall select one arbitrator from the penal
appointed for the purpose by the disputes sub-committee. The arbitrators shall,
before entering upon the reference, appoint a person from the panel to act as
Umpire in case they fail to agree.
(c) If the arbitrators fail to agree the matter shall be referred to the Umpire
appointed under clause (b) for decision.
(d) An appeal against the decision of the arbitrators or Umpire, as the case may
be, shall lie to the disputes sub-committee and shall be filed within a period
of fifteen days from the date of the award.
1. Substituted vide Notification No.
11(7)-M-I-79/8388 dated 26.6.1984.
(e) The decision of the arbitrators or Umpire or, where an appeal has been made
to the disputes sub-committee, the decision of such sub-committee shall be
final.
14. Duties and powers of Secretary of Committee
Sec.43(2)(ii) (1) The Secretary shall be the
executive officer of the Committee. All office establishment of the
committee shall be under his control, and all orders to any
member of the staff of the committee shall pass through him.
(2) The Secretary shall work under the control of the Chairman of the Committee.
(3) The Secretary shall be entitled to attend all meetings of the committee or a
sub-committee or a joint committee or an ad-hoc committee, except a meeting
wherein anything pertaining to him or any of his relatives is to be considered.
Explanation : Relative for the purpose of this sub-rule shall mean-
(a) father, mother, son, daughter, brother and sister of the person concerned;
and
(b) brother and sister of the father of the person concerned; and
(c) father , mother , son, daughter, brother and sister of the wife or husband
of the person concerned.
(4) The Secretary shall advise the committee and its Chairman in the light of
the provisions of the Act, rules and bye-laws framed under the Act and
directions of the Board or of the
1[Chairman of the Board] issued from time to time and previous
decisions of the committee. His opinion shall be recorded in the proceedings of
the committee.
(5) It shall be the duty of the Secretary to carry into effect the provisions of
Act, rules and by-laws framed under the Act and instructions of the Board, and
the decision of the committee and of the Chairman of the committee consistent
with the Act the rules and the bye-laws and instructions of the Board and of the
2[Chairman of the Board] and to effect maximum improvement in the
market.
(6) The Secretary shall see that communications addressed to the committee by
the Chairman or Secretary of the Board are dealt with promptly and efficiently
and all correspondence between the Chairman or Secretary of the Board and the
committee is laid before the Chairman of the committee for information or action
as the circumstances may require.
(7) Subject to sub-rule (5) the Secretary shall have immediate responsibility
for carrying on the day to day, working of the office of the committee,
1 & 2. Substituted vide Notification
No. 11/13/96-M-3/5762 dated 27.8.2003.
maintenance of accounts, punctual rendering of returns, monthly review of the
progress made in the enforcement of the Act and safe custody of the cash, the
common seal , the munite book & other records and assets of the committee.
(8) The Secretary shall make an annual assessment of the work of the employees
of the Committee which he shall submit to the Chairman of the committee. The
Chairman of the committee shall take his assessment into consideration while
making final assessment of the work of the employees.
1[15.
Allowances of members of Board and Committees
(1) For journeys undertaken by the members of the Board for attending meetings
or for any other work of the Board for which they are specially deputed by it,
they shall be paid travelling and daily allowances according to the scale fixed
by the Government for Government employees of Grade I].
2[Provided
that in case of members of State Legislature they shall be paid travelling
allowances and daily allowances according to the rates fixed for such members
under the rule governing their allowances].
3[(2)
For journeys undertaken the members of the committee including the Chairman and
Vice-Chairman (other than official members) for attending meetings of the
committee or sub committee or joint committee, they shall be paid a sitting
allowance of
4[rupees fifty] per day and for journeys undertaken by them for
any other work of the committee for which they are specially deputed by it, they
shall be paid travelling and daily allowance according to the scale fixed by the
Government for Government Servant of Grade II]:
5[Provided
that in case of the members of State Legislature they shall be paid travelling
and daily allowances according to the rates fixed for such members under the
rules governing such allowances].
6[(3)
Omitted].
(4) If in the opinion of the Board the financial position of a committee does
not warrant the payment of the travelling and daily allowances according to the
scale prescribed above he may fix such scale of daily and travelling allowances
in the case of that committee as he may think proper.
1. Substituted vide Notification No. 11
(7) M-I-79/8388, dated 26-6-1984.
2. Inserted vide Notification No.G.S.R./118/P.A./23/61/S43 Amd. (6)/64, dated
17-4-1964.
3. Substituted vide Notification No.G.S.R./23/PA23/61/S.4/AMD. (24) 86, dated
24.4.1986.
4. Substituted vide Notification No. 11/16/06-M-3/4495 dated 24-7-2006,
published in the Gazette dated 4-8-2006.
5. Substituted vide Notification No. G.S.R./118/P.A.-23/61/S43/AMD. (24) 64,
dated 17.4.1969.
6. Substituted vide Notification No. G.S.R./92/P.A.-23/61/S43/AMD. (9) 66, dated
22.4.1966.
1[15-A. Other allowances of the Chairman of Board]
(1) There shall be paid to the Chairman of the Board a monthly allowance not
exceeding rupees 1800/- (Rs. One thousand and eight hundred only) as the State
Government may fix.
(2) The Chairman of the Board shall be provided with free furnished house, the
maintenance charges thereof shall be borne by the Board subject to the condition
that electricity and water charges payable by the Board shall not exceed Rs.
1500/- per annum. Any amount in excess shall be the responsibility of the
incumbent.
2[He shall not retain the possession of the house after 14 days
from the date he ceases to hold the office of the Chairman].
(3) The Chairman of the Board shall also be provided with a motor car, to be
maintained by the Board. The expenses on the propulsion of the car incurred in
connection with the affairs of the Board only shall be borne by the Board.
3[15-B.
Other allowances of the Chairman and Vice-Chairman of the Committee
There shall be paid to the Chairman and Vice-Chairman of a Committee monthly
allowance as under :-
(i) Chairman of a Committee Rs. 2,500
(ii) Vice-Chairman of a Committee Rs. 2,000]
16. References
Sec.3(9) References from Committee to any
Government Department other than District authorities and local
&43(1) bodies shall be made through the
Secretary of Board.
17. Licences to dealers
Sec.10&43 4[(1)
A person desirous of obtaining a licence under section 10 of the Act shall
2(1) apply in Form A (to be submitted in
duplicate) to the Secretary of the Board through the committee of the area in
which he wishes to carry on his business and shall also deposit with the
committee the prescribed licence fee alongwith a cash security of five thousand
rupees and also furnishes a bank guarantee of rupees ten thousands or an amount
equal
1. Inserted vide Notification No.
G.S.R.24/P.A.23/61/S43 Amd. (15)/71 dated 18-3-1971.
2. Added vide Notification No.4651-RD-I-73/3549 dated 21.2.1974.
3. Substituted vide Notification No. 11/16/06-M-3/4495 dated 24-7-2006,
published in the Gazette dated 4-8-2006.
4. Substituted vide Notification No. G.S.R-44/P.A.23/61/S.43/Amd. (53)/99 dated
9.6.1999.
to two per cent of the annual turn-over of the previous year which ever is more;
(i) the aforesaid cash security by a dealer or Commission Agent shall not form
part of the Market Committee Fund, but shall be deposited by the concerned
committee in the Bank approval by the Board. The amount of the cash security
shall be deemed to have been enhanced to the extent of the interest credited by
the bank in respect of the security deposited in Bank;
(ii) the aforesaid cash security as deposited or a bank guarantee as furnished
by a licensee under sub-rule (1), shall be liable to forfeiture by the committee
for any default made by the licensee in payment of any money payable by him to
the committee or produce seller, under the Act, or the rules or bye-laws made
thereunder. The committee shall have its first charge on the said cash security
or bank guarantee;
(iii) the aforesaid bank guarantee furnished by the licensee under sub-rule (1)
shall be unconditional and the amount guaranteed by the bank or a part thereof,
as the committee may demand, shall be payable to the committee on demand; and
(iv) the aforesaid cash security deposited by a licensee with the committee
shall be refunded to him within six months from the date of his ceasing to be a
licensee, if the committee is satisfied that there are no liabilities due by
such licensee to the committee].
[see amendment] 1[(2)
The licence fee for a licence issued under Section 10 of the Act for a period of
three years or any part thereof shall be one hundred rupees].
(3) If any person, who is not licensee, carries on his business as a dealer in a
notified market area on the date of issue of notification under sub-section(1)
of section 6 and fails to apply for a licence on or before the date specified
therein for obtaining licence, the licensing authority may, before a licence is
issued, imposed upon the applicant, a penalty according to the following scale
:-
(i) if the application is made by him within thirty days of the date specified
in the notification-one rupee per day;
(ii) if the application is made after the expiry of thirty days of the date
specified in the notification, but within a period of forty days of such
expiry-one rupee per day for the first thirty days and rupees two per day for
each day thereafter.
[see amendment]
1. Substituted vide Notification No. G.S.R.24/P.A.-23/61/S43/Amd. (25)/89 dated
13.2.1989, published in the gazette dated 24.2.1989.
[see amendment]
1[(4)
Unless otherwise provided in the licence, each licence issued under the Act
shall expire on the 31st day of March following two successive years ending on
the 31st day of March.
Explanation :-
If a licence is issued on the 1st day of April, 1988. or any other day before
the 31st day of March, 1988, if shall expire on the 31st day of March, 1991].
2[(5)
........................... Omitted].
(6) The Secretary of the committee, or such other official as may be appointed
by the committee to receive such applications, shall, on receipt of the
application, ensure that the necessary licence fee has been paid and shall,
after verifying the correctness of the facts stated therein, forward the same to
the 3[Secretary]
of the Board, within three days of its receipt in the office of the committee.
(7) On receipt of the application, the
4[Secretary of the Board] may grant a licence to the
applicant in Form B. The licence shall be subject to the conditions mentioned
therein.
(8) A record of licences issued under this rule shall be maintained by the Board
as well as by the committee in Form C.
5[17-A.
A Special provision with regard to licences upto 31st March, 1976]
(1) Every person holding a licence upto 31st March, 1976, in Form ‘B’ on the
date of commencement of the Punjab Agricultural Produce Markets (General) (First
Amendments) Rules, 1975, and carrying on the business of purchase or sale of any
agricultural produce notified under section 6 shall, within a period of fifteen
days of such commencement, apply to the authority specified in section 9 for an
amendment in licence for the purpose of specifying such business therein and
such amendment shall be made by the aforesaid authority without payment of any
fee :
Provided that amendment in the licence may be allowed after the expiry of
the aforesaid period if the application is made within a period of thirty days
of such commencement and the applicant pays such penalty, not exceeding sixty
rupees, as the aforesaid authority may specify in that behalf.
(2) Every amendment made in the licence under sub-rule (1) shall have effect
from the date of commencement of the Punjab Agricultural Produce Markets
(General) (First Amendment) Rules, 1975].
[see amendment] 1. Substituted vide Notification No.
G.S.R./24/P.A.-23/61/S43/Amd.(25)/89 dated 13.2.1989, published in the gazette
dated 24.2.1989.
2. Omitted vide Notification No. G.S.R.30/P.A.23/61/S.43 Amd. (52)/99 dated
30-3-99, published in the Gazette dated 1-4-99.
3. Substituted vide Notification No.11(13) M-I-83/21424 dated 13/14.1987.
4. Substituted vide ibid.
5. Inserted vide Notification No. G.S.R. 86/P.A.23/61/S.43/Amd. (16)/75 dated
26/8/75. Date of commencement of this rule is 26-8-1975.
18. Persons exempt from taking licences under section 6
Sec.6 Under sub-section (3) of section 6 the following persons shall be exempt
from taking licences for the purchase of agricultural produce :
(a) confectioners and purveyors of parched, fried or cooked food;
(b) persons using kuhlus, provided that the number of kuhlus installed by them
in the notified market area is not more than two;
(c) hawkers and petty retail shop-keepers who do not engage in any dealing in
agricultural produce other than such hawking or retail purchases ;
1[Explanation
– For the purposes of this clause and clause (b) of sub-rules (2), a person
whose turnover of sales and purchases of agricultural produce does not exceed
2[three lakhs] rupees during a year shall be treated
as a petty retail shop-keeper :
Provided that a dealer importing agricultural produce from outside the State
of Punjab shall not be treated as a hawker or a petty retail shop-keeper].
(d) officials of the State Government and the Central Government when making
purchases on behalf of the Government :
Provided that in the case of persons mentioned in clauses (a) and (b) the
purchases made for meeting the vocational needs of the persons concerned.
(e) Tanners when making purchases or raw hides and skins :
3[(f)
Omitted] ;
4[(g)
The Punjab Khadi Gram Udyog Sangh when making purchases of wool for
manufacturing purposes], and
[see amendment]5[(h)
The spinning mills when making purchases of ginned and fully pressed cotton
bales for which fee has been paid for manufacturing thread].
2. The following shall be exempt from taking a licence for the sale of
agricultural produce :-
(a) The Scheduled banks when proceeding against any agricultural produce
belonging to a producer or a licensee under section 10 of the Act to whom money
has been advanced against the security of such agricultural produce ;
(b) Hawkers and petty retail shop-keepers who do not engage in any dealing in
agricultural produce other than such hawking or retail sales ;
(c) Officials of the State Government and Central Government when making sales
on behalf of the Government;
[see amendment]
1. Substituted vide Notification No. 11(13)-M-III-83/9379 dated 4.5.1988.
2. Substituted vide Notification No. G.S.R 46/P.A. 23/61/S.43/Amd. (45) 62/98
dated 11.6.1998.
3. Omitted vide P.A.P.M (General) (Third Amd.) Rules, 1964, dated 3.9.1964.
4. Added vide Notification No.G.S.R. 291/P.A. dated 28.11.1963.
5. Inserted vide Notification No. G.S.R. 48/P.A.23/61/S.43/Amd. (45)/98 dated
23.6.1998
(d) Persons licenced under the Agricultural Produce (Development and
Warehousing) Corporation Act, 1956 and the Punjab Warehousing Act, 1957, who
carry on exclusively warehousing business, when selling out agricultural produce
belonging to any person to whom money has been advanced against security of such
agricultural produce.
(e) Tanners when making sales of cured, tanned and processed hides and skins.
1[(f)
Omitted].
2[(2-A)
The following shall be exempt from taking a licence for processing of
agricultural produce, namely :-
3[(a)
Chakkiwalas and Arewalas who do not make any sales or purchases of agricultural
produce but have installed their chakkis and Aras (Saw Mills) only for grinding
of agricultural produce or for sawing of timber for using it as fire-wood as the
case may be].
(b) Persons engaged in hand pounding of paddy only.
4[(3)
The official of the State Government and Central Government exempted form taking
licence under sub-rule (1) (d) and (2) (c) and the Punjab Khadi Gram Udyog Sangh
exempted from taking licence under sub-rule (1)
(a) shall be bound to comply with the provisions of the Act, Rules and bye-laws
made thereunder, when making purchases or sales, otherwise than through the
agency of a licencee].
5[(4)
A person licenced under the Agricultural produce (Development and Warehousing)
Corporation Act, 1956, or the Punjab Warehousing Act, 1957 and the scheduled
banks storing agricultural produce pledged with them by a producer or a licencee
under section 10 of the Act to whom money has been advanced against the security
of such agricultural produce shall be exempt from taking licence in storage
business].
(5) If a question arises whether a person is entitled to exemption under
sub-rule (1) (c) or 2(b), the
6[Secretary] of the Board shall assess the turnover of the person
concerned after giving him an opportunity of being heard. His decision shall be
final and conclusive.
1Omitted vide P.A.P.M (General) (Third
Amd.) Rules, 1964, dated 3.9.1964.
2. Added vide Notification No.P.A.P.M. (General) (Third Amd.) Rules, 1964, dated
3.9.1964.
3. Substituted vide Notification No. 11(13)-M-III-83/9379 dated 4.5.1988.
4. Substituted vide Notification No.GSR 291/P.A dated 28-11-1983.
5. Substituted vide Notification No. P.A.P.M (General) (Second Amendment) Rules,
1963, No. GSR 219/P.A. 23/61/S.43/ Amd.(2). 63 dated 10.9.1963.
6. Substituted vide Notification No. 11(13)-M-I-83/21424 dated
13/14-10-1987/Corrigendum 11 (13)-M-1-83/25831 dated 9.12.87, published in the
Gazette dated 9.12.87.
19. Licences to brokers, weighmen, measurers, surveyors, godown-keepers and
palledars
Sec.13 & 43 (1) A person desirous of obtaining
a licence under sub-section (3) of Section 13 shall make an
(2) (viii) application in Form D to the
1[Secretary of the committee] of the notified market area
concerned
after depositing with the committee the requisite licence
fee.
2[............. Omitted]:
3[Provided
that in case of palledar no such application in Form D, shall be necessary. The
dealer shall intimate to the
4[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 licence].
(2) On receipt of application the
5[Secretary of the committee] or any other officer duly authorised
by the committee in this behalf may after making such enquiries regarding the
conduct and business of the applicant, as he may deem necessary, grant a licence
in Form E. The licence shall be subject to the conditions mentioned therein.
(3) The committee shall maintain a record of licences issued under sub-section
(3) of section 13 in Form C.
6[(4)
The licence fee for licence issued under this rule shall be as follows :
Category of licence
Licence fee for three years
Weighman or Measurer or Surveyor Twenty
rupees
Broker or Godown-Keeper one
hundred rupees]
(5) The committee may, on being satisfied that there has been a breach of any of
the conditions specified in a licence, by an order in writing, cancel or suspend
such licence may also direct that such licence 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 order
shall be made without giving the licensee an opportunity to show cause why such
an order should not be made.
1. Substituted vide Notification No. 11
(13) M-III-83/9379 dated 4.5.88.
2. Omitted vide ibid.
3. Inserted vide Notification No. GSR/219/P.A. 23/61/S.43 AMD (2)/63 dated
10.9.63.
4. Substituted vide Notification No. 11 (13) M-III-83/9379 dated 4.5.88.
5. Substituted vide bid.
6. Inserted vide Notfication no. G.S.R. 86/PA-23/61/S.43 Amd. (28)/89 dated
1.12.89. Published in the Gazatte dated 08.12.89.
20. Charge in style and membership of firm
Sec.10 (1) (a) Where the licensee, holding a
licence under section 10, is a firm, any change uthorize in the
& 13 membership of such firm otherwise
than through inheritance, shall mean the constitution of new firm
and shall necessitate a fresh licence :
Provided that in the case of Hindu Joint Family firm, any addition on
account of the birth of any
1[male member 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 licence 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
2[Sixty days] from the date of such change, be given to the
3[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
4[Secretary] of the Board with his comments. The
5[Secretary] of the Board, on being satisfied about the
correctness of the intimation shall order necessary corrections to be made in
the licence. 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 to give necessary
intimation to the
6[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
licence.
(d) The licensee may apply to the licensing authority for making an addition or
deletion in the particulars of the business for which a licence has been issued
to him, by paying a fee of one rupee. The licensing authority may by an order
allow such an addition or deletion whereupon the licence shall be amended
accordingly.
(2) (a) Where the licensee, holding a lilcence under section 13 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 licence :
Provided that in the case of a hindu-joint-family firm, any addition on
account of the birth of any male member
7[or deletion on account of death of any
1. Substituted vide Notification No. 11
(13) M-III-83/9379 dated 4.5.88.
2. Substituted vide ibid.
3. Substituted vide Notification No. 11 (13) M-I-83/21424 dated 13/14-10/1987.
4. Ibid.
5. Ibid.
6. Ibid.
7. Substituted vide Notification No. 11 (13) M-III-83/9379 dated 4.5.88.
male member] shall not be treated bringing about any change in the membership of
the firm.
(b) Where a change, not necessitating a fresh licence under section13, takes
place in the membership of a firm, or the firm changes its name without any
change in the membership thereof, and intimation thereof shall, within
1[Sixty days] from the date of such change, be given to the
committee concered, 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 licence. 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 licence.
2[(3)
Nothing in this rule shall apply in the case of a licence granted to a
Co-operative Society].
21. Renewal of licence and issue of duplicate thereof
Sec.43(2) (1) A licence granted under section 10
or 13 of the Act shall be valid for the period for which it is
(viii)&(ix) 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 licence. Renewal application shall
be made in Form F for licences 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 licences issued 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 licence shall be made at least thirty days
before the date on which the licence is due to expire :
3[Provided
that 30 days period of grace will be allowed for getting an annual license
renewal].
4[Provided
further that the authority competent to renew a licence may, on the applicant’s
paying a penalty equal to the amount or annual licence fee, grant an application
for renewal made within thirty days after the date of expiry of the licence or
in the case of an annual licence with in thirty days of the expiry of the period
of grace. The authority competent to renew a lilcence may remit the
1. Substituted vide Notification No. 11
(13)/M-III-83/9379 dated 4.5.1988
2. Added vide ibid.
3. Substituted vide GSR-10/PA-23/61/S.43 Amd. (1)/63 dated 3.1.1963.
4. Substituted vide ibid.
penality 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 licence shall be renewed for a part of the year].
(4) Every renewal of a licence granted under this rule shall be deemed to take
effect from the date following that on which the licence expired.[See
Amendment]
(5) Except as provided in sub-rule (3), every application for renewal of a
licence made after the date of expiry thereof shall be treated as an application
for the grant of a fresh licence.
(6) If a licence 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 licence 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 licences
Sec10.13 (1)Except as hereinafter provided, no
person shall at the same time hold a dealer’s licence under section
&43(2) 10 as well as a licence under section 13
or hold more than one licence under section 13 to act as a
(viii)&(ix) 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 measurer to act in all the three
aforesaid capacities.
23. Employing a broker
Sec.43(2) (1) No person shall be bound to
employ a broker in any transaction, or be required to pay for a
(xii) & (xiv) 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 of agricultural produce
Sec. 43(2) (1) All agricultural produce brought
into the market for sale shall be sold by open auction in the
(v) principal or sub market yard.
[See Amendment]
1. Substituted vide Notification No. 11 (1)/M-III-83/9379 dated 4.5.1988.
2. Substituted vide ibid.
1[Sub-market
yard :
Provided that with the permission of the
2[Chairman of the Board] or any officer uthorized by him in this
behalf, the agricultural produce may also be brought or sold through bi-lateral
transation within the notified market area of a committee at a place of business
of a licensee outside the principal or sub maket yard on the terms and
conditions as may be specified by the board. The buyer shall maintain a register
in form ‘R’ and furnish information in form R-I to the committee alongwith
return in Form ‘M’].
(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 3[Chairman of the Board or an
officer uthorized 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 signs or
secret bid and no deduction shall be made from the agreed price of the
consignement.
(5) The auction shall not be conducted by any person other than the person
engaged by the committee:
Provided that under special circumstances the 4[Chairman of the Board] or
an officer uthorized by him may allow a committee to make or 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 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
the buyer and the seller or their respective representatives, whoever may be
present at the spot.
5[(8-A) A register in form HH shall be maintained by the committee wherein the
agricultural produce which remained unsold during the course of auction
1. Added vide Notification No. G.S.R. 30/P.A. 23/61/S.43 Amd. (52)/99 dated
30.3.1999.
2 to 4. Substituted vide Notification No. 11/13/93-M 3/5762 dated 27.8.2003
5. Substituted vide Notification No. 11(13) M-III-83/9379 dated 4.5.1988
shall be entered and it shall be obligatory for every dealer or Kacha Arhita or
commission agent, as the case may be, to report about the unsold produce to the
committee as soon as his agricultural produce is sold].
(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
1[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
2[local usage or custom or as per provision of rule 13].
(10) A person engaged by a producer to sell agricultural produce on his behalf
shall not act as a buyer either for himself or on behalf of another person in
respect of such produce
3[without the prior consent of the producer]:
Provided that a Co-operative Society shall be exempt from the operation
of this rule.
[See Amendment](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 day
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:
4[Provided
that nothing in this 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, the buyer has given to the seller a sale voucher in Form J, the
counterfoil who of shall be retained by the Kacha Arhtiya or the buyer, as the
case may be.
5[24-A.
Commission of Kacha Arhtia
The commission of Katcha Arhtia for services rendered in connection with the
sale, purchase, storage and processing of agricultural produce mentioned below,
[See Amendment]
1. Substituted vide Notification No. GSR 167/ PA dated 3.7.66.
2. Substituted vide Notification No. 11(13) M-III-83/9379 dated 4.5.88.
3. Substituted vide Notification No. GSR 167/PA dated 3.7.66.
4. Added vide ibid.
5. Substituted vide Notification No. GSR 43/PA 23/61/S.43/Amd. (44)/98 dated
22.5.1998.
shall be paid at the following rates, namely:-
| Name of Agricultural Produce |
Rate of Commission |
| (i) cereals i.e. Wheat (Kanak), Barley (Jau), Maize (Makki), Great Millet
(Jowar), Spiked Millet (Bajra), Paddy and Rice (Dhan and Chawal).; |
2.5 percent |
| (ii) all fruits and vegetables except Chillies (dry and green) |
5 percent |
| (iii) Chillies (dry and green) |
1.5 percent |
| (iv) dry and green fodder; and |
3 percent |
| (v) all other items (other than those specified in items (i) to (iv)
mentioned in the schedule of the Act] |
1[2.5
percent] |
2[24-B.
Seizure of the agricultural produce
(1) The uthorized s 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 uthorized s produce
referred to in sub-rule (1) and henceforth he shall prepare a seizure memo of
the agricultural produce so seized giving such of the following particulars as
may be available the spot:
(i) Name of the agricultural produce;
(ii) Weight or available uthorized of the vehicle;
(iii) Name of the driver of the vehicle;
(iv) Builty or consignment 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.
1. Substituted vide Notification No. G.S.R. 13/P.A. 23/61/S.43/ Amd. (60) /2004
dated 19.2.2004.
2. Inserted vide Notification No. 11/13-M-III-83/9379 dated 4.5.1988.
produce is seized does not sign the seizure memo. It shall be signed by two
witnesses alongwith the signatures 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 to be
(x) filled in a packing unit such as bag, a half bag or a palli within each
notified market area.
(2) No person shall fill or cause to be filled any agricultural produce except
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 accordance with standards fixed under sub rule (1)
(4) Immediately on the completion of weighment of a lot of agricultural produce
within a notified market area, either party to the contract may cause a test
weighment of ten percent of the units of packing in a lot or two packing units
whichever is more. The test –weighment shall be carried out at the site of
weighment and if no test weighment is held at the site, the produce shall be
deemed to have been correctly weighed.
(5) Test weighment 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 weighment to be made in
his presence or in the presence of any other official of the
1. Substituted vide Notification No. GSR 25/P.A 23/61/S.43/AMD (26)/89 dated
15.2.1989, published in the Gazette dated 24.2.89 .
committee uthorized by him in this behalf, and the result of such test weighment
shall be final, conclusive and binding on both the parties.
(6) Before any agricultural produce weighed in pursuance of a contract of sale
or purchase within a notified market area is removed from the place of its
weighment, 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 weighment has been correctly made or is filled in
accordance with standards fixed under sub-rule (1), be entitled at any time and
without any previous notice, to check the weighment by means of weights and
instruments kept by the Committee or any other agency in the presence of the
purchaser and the seller and if either or both of them evade presence, test
weighment may be carried out in the presence of any two persons present there.
(7) If the weighment 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(I), 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) (1) Only such weighing instruments. As satisfy the requirements of,
and such
(x)&(xi) 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 yards of the notified market
area the beam scale (kanda) or platform scale shal only be used.
(5) 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, verfied and
1. Substituted vide Notification No. GSR 7/P. A. 23/61/S43 AMD (29)/90, dated
2-2-90, published in the Gazette dated 6-2-90.
Stamped in accordance with the provisions 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 uthorized 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 uthorized 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 uthorized to inspect, examine and test any weighing instrument,
weight or measure under sub-rule (5) shall, while so acting, have all the powers
of an Inpector, Weights and Measures, appointed under section 15 of the Punjab
Weights and Measures Act,1958.
27. Weigh-Bridge, measuring yards and certificates of weighment or
measurement
Sec. 43 (1) The committee may erect in the market a weigh bridge for the
(x) & (xi) weighing of agricultural produce on payment of such fees as may be .
prescribed by its bye-laws
(2) In places where it is customary for any agricultural produce to be measured
instead of being weighed, the committee may specify a place within the market
for that purpose and make arrangement for the measuring of such produce on
payment of such fees as may be prescribed by its bye-laws.
1. Substitute vide Notification No.11(l3)-M-I-83/21424 dated 13/14-10-1987.
2. Ibid
(3) The committee shall be responsible for maintaining such weigh bridges or
measuring yard in proper condition, and for issuing free of cost certificate of
weighment 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 uthorized
representative that the weighment or measurement was done on a defective
weigh-bridge or measuring yard or by means of an incorrect scale or weight or
measures.
28. Places at which agricultural produce shall be weighed or measured
Sec.43 (1) In any notified market area for which tobacco or chillies has been
notified
(2) (x) 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 measurements of
agricultural produce intended for sale, shall be made through licensed weighmen
or measurers 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
43 (2) (i) fees on the agricultural produce bought or sold by licensee; 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].
2[Provided
that no fee shall be levied on the agricultural produce bought or sold in
respect of which fee has already been paid in the same or other notified market
area within the State. The licensee dealer who claims exemption from payment of
fee shall make declaration and give certificate to that effect in Form ‘KK’
within a period of
[See Amendment] thirty days of the transaction of
agricultural product in question to the Committee from where the exemption is
claimed]:
The certificate in Form ‘KK’ shall be prepared in quadruplicate from the
book-let, duly attested and issued by the Secretary of the concerned committee
or its uthorized officer, against the payment, fixed by the committee. It shall
be the duty of the dealer, claiming exemption from the payment of fee to send
the original copy of Form ‘KK’ to the committee within whose market area the
[See Amendment]
1. Substituted vide Notification No. GSR 154/P.A./23/61/3-43/ Amd. (22)/82 dated
29.11.1982.
2. Substituted vide Notification No. 11/12/2002-M/3/7394 dated 15-11-2002
agricultural produce is brought. The second copy shall be sent to the office of
the committee within whose market area such agricultural produce is bought and
the third copy shall be retained by the dealer, who purchased the agricultural
produce and the fourth copy shall be retained by the dealer who sold the
agricultural produce and the same shall be kept as a part of their accounts,
maintained in respect of payment of the fee.
[See Amendment]
The certificate referred to above presented after the aforesaid period of
thirty days, shall not be entertained and no exemption from payment of fee shall
be granted to the dealer:
Provided further that the dealer claiming exemption from the payment of fee
under sub-rule (1), shall also produce a copy of the railway receipt, forwarding
note, bill, bilty or challan, as the case may be, duly signed by him or his
uthorized agent in the office of the committee where the agricultural produce is
bought before it is loaded the second copy shall be produced by the said dealer
in the office of the committee, within whose market area the agricultural
produce is brought before it is unloaded and the third copy shall be retained by
him. In case no such copy is produced by the dealer in the office of concerned
committee, no claim for exemption shall be entertained.]
1[
Provided further that no such fee shall be levied on,
i. the agricultural produce imported from a foreign country;
ii. the certified seeds;
iii. the timber or 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) Teak;
(g) Sal;
(h) Chil].
(2) The responsibility of paying the fees prescribed under sub-rule (I) shall be
of the buyer and if he is not a licensee then the seller who may uthori the same
from the buyer. Such fees shall be leviable as soon as an agricultural produce
is bought or sold by a licensee.
[See Amendment]
1. Substituted vide Notification No. 11 (13) –M-111-83/9379 dated 4.5.88
1[(2-A)
The additional fees shall be uthoriz from the producer by the licensee through
whom the producer sells the agricultural produce and if the sale is made by the
producer direct to a licensee the additional fees shall be uthoriz by the
licensee from out of the sale proceeds of the agricultural produce; and]
(3) The
2[fees
including additional fees] shall be paid to the committee or a paid officer
dulyauthorised to receive such payment with in
3[seven] days of the day of transaction;
Explanation:- In computing the period of
4[seven]
days specified in sub-rule 3 of rule 29 and sub-rule (1) of rule 31, the day of
transaction shall be included.
[See Amendment]
(4) A receipt in Form K shall be granted forthwith to the person making payment
in respect of any fees paid under these rules.
(5) Every officer or 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 sale or purchase thereof is entered into in the said
area; 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 purchaser.
5
[(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 perfonned within the boundaries of two or more notified
market areas the market fee shall be payable to the committee within whose
jurisdiction on the agricultural produce has been weighed in pursuance of the
[See Amendment]
1. Inserted vide Notification No. GSR-154/PA-23/61-S.43/Amd. (22)/82 dated
29-11-82.
2. Inserted vide ibid.
3. Substituted vide Notification No. GSR – 85/PA-23/61-S/43 Amd. (27)/89 dated
21.11.89 published in the Gazette dated 06-02-90.
4. Substituted vide ibid.
5. Substituted vide GSR-230/PA23/61/S. 43/ Amd. (3) 63 dated 5-10-1963.
agreement of sale or, if no such weighment has taken place to the committee,
within whose jurisdiction the agricultural produce is delivered.
1[29-A.
Power to lease for collection of fee
A committee may subject to the previous approval of the Secretary of the
Board, lease out on contract basis the collection of fee levied under section 23
of the Act read with sub rule (1) of rule 29 of the rules in the notified market
area of the committee on such terms and conditions as may be prescribed in the
bye-laws of the committee for any period not exceeding one year. The contractor
and other persons employed by him for the management and collection of fee,
shall:-
(i) be bound by the provisions of the Act, rules and bye-laws and any other
order passed by the committee for their guidance and for performing their
duties.
(ii) have such powers exercisable by employee of a committee under the Act,
rules or bye-laws as the uthorize may confer upon them from time to time: and
(iii) be entitled to the same remedy and be subjected to the same responsibility
as if they were employed by the committee for the management and collection of
fee.]
30. Exemption from payment of fees
Sec.23&
2[(1) No market fee shall be levied on the sale or purchase of any
agricultural
43(2)(vii) produce, manufactured or extracted from the agricultural produce in
respect of which such fee has already been paid in the same notified market area
or in an other notified market area within the state].
[See Amendment]3[(1-A)
The dealer who claims exemption from payment of market fee levied on any
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 Form K-l 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-l form shall be got attested by
the dealer from the Secretary of the concerned Market committee or his uthorized
officer before giving the requisite certificate. The dealer shall produce 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
afotesaid period of thirty days shall not be
4[entertained and no exemption from payment of fee shall be
granted to the dealer].
5[(1-B)
A dealer claiming exemption from the payment of fee under sub-rule (1), shall
produce a copy of the railway receipt, forwarding note, bill, bilty or challan,
as the case may be, duly signed by him or his uthorized agent, in the office of
the committee where the agricultural produce is bought before it is loaded, the
second copy shall be produced by the said dealer in the office of the Committee
within whose market area the uthorized s produce is bought before it is unloaded
and the third copy shall be retained by him. In case no such copy is produced by
the dealer in the office of concerned Committee, no claim for exemption shall be
entertained].
(2) The dealer concerned in the sale or purchase of any quantity of agricultural
produce from which he manufacturers or extracts any other agricultural produce
shall maintain in Form-L true and correct accounts of the sale or purchase as
the case may be of the said agricultutal 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.
[See Amendment]
1. Added vide notification No. 11/13/203 M-3/7738 dated 19-11-2003.
2. Substituted vide Notification No. 11(13) M.III.83/9379 dated 4-5-1988.
3. Substituted vide GSR-85/P.A.-23/61/S.43/Amd. 89 dated 21-11-1989 published in
the Gazette dated 01-12-1989
4. lnserted vide Notification No. GSR 64/P.A. 23/61/S.43/Amd. (49) 98, dated
4.9.1998.
5. lnserted vide ibid.
1[(4)
No market fee shall be levied on paddy, cotton, timber, firewood and groundnut
taken from one notified market area to another notifed 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 of export to Cuba as a gift.
2[(6)
No market fee shall be levied on the sale or purchase of Great Millet (Jowar),
Gram and Kabli Gram (Channa Kala and Safaid, Cotton Seed (Banaula), Ground Nut
(Shelled and unshelled), Cluster Bean (Guara), Turmeric (Haldi), Heena (Mehndi)
Goat Hair, Camel Hair, Indian Clover (Senji), Cress/Gardenress (Hallon), Oats
(Javi), Gur, Shakkar, Khandsari, Green Gram (Mung), Black Gram (Mash), Phaseolus
aconitifoetius (Moth), Lentil (Massur), Pigenopea (Arhar), Rajmaha, Soya Bean,
Indian Colza (Sarson), Indian Rape (Toria), Maize (Makki), Barley (Jau) and [See
Amendment]
Spiked Millet (Bajra) in a notified marked area within the State of
Punjab).
(5) No market fee shall be levied on Indian Colza (Sarson) Indian Rape (Toria),
Rochet (Tara Mira), Linseed (Alsi), Indian Mustard (Raya), Sesamus (Til),
Groundnut (unshelled) and Sunflower Seed imported from out side the State of
Punjab for the purpose of processing and which is not bought or sold as such in
the notified market area.
[See Amendment]3[(8)
Omitted ..............]
[See Amendment]4[(9)
No market fee shall be levied on paddy (Basmati) imported from outside the State
of Punjab:
Provided that the proof of making payment of market fee in the State from
which paddy (Basmati) has been imported alongwith the purchase bill, documents
relating to transportation and Form K-2, is furnished by the dealer to the]
5[concerned committee within a period of thirty days from the
date of transaction].
6[(10)
The committee shall refund the market fee deposited by a dealer regarding fruits
and vegetables exported by him to other countries from the State of Punjab on
production of export documents and Form K-3 duly verified by the Punjab
Agricultural Export Corporation].
7[(11)
The Committee shall refund the Market fee deposited by a dealer of rice or paddy
out of which rice is extracted and exported, by him to other countries from the
State of Punjab on production of export documents and clearance by the,
[See Amendment]
1. Substituted vide Notification No. GSR 45/PA-23/61/S.43/Amd. 35/93, dated
7.5.1993.
2. Substituted vide Notification No. GSR 19/P.A. 23/61/S. 43/ Amd. (61)/2004
dated 27.2.2004.
3. Omitted vide Notification No. GSR 30/P.A. 23/61/S.43/Amd.(43) 98 dated
17.4.1998.
4. Added vide Notificaiton No. GSR 52/48/P.A.23/61/S.43/Amd.(38)/94 dated
24.8.94, published in the gazette dated 25.8.94.
5. Substituted vide Notification No. GSR 49/P.A. 23/61/S.43/Amd.(47)/98 dated
23.6.98, published in the Gazette dated 25.6.98.
6. Added vide Notification No. GSR 46/P.A. 23/61/S.43/Amd. (45)/98 dated
11.6.98.
7. Added vide Notification No. GSR 63/P.A.23/61/S43/Amd.(48)/98, dated 3.9.98.
authorities by making payment of duty of custom, if any leviable under the
Customs Act, 1962, within the State of Punjab and on production of Form K-4]
1[(12)
No market fee shall be levied on the sale or purchase of flowers and Sericulture
(raw-silk) in the notified market areas within the State of Punjab].
2[(13)
(i) No market fee shall be levied on wheat and maize purchased by the wheat and
maize processing industries for manufacture of products therefrom such as wheat
flour and its secondary/tertiary products such as bread, biscuits, pasta,
noodles etc; starch and its derivatives gluton etc. in the State of Punjab.
(5) No Market fee shall be levied on fruits and vegetable purchased by fruit and
vegetable processing industries through contract farming.
(iii) For new fruit and vegetable processing units who have not established the
contract farming relationship with farmers shall be granted exemption from the
market fee for a period of
3[four years] to source their raw material from the farmers].
4[(14).
No market fee shall be levied on:
(1) (a) the organic produces grown under organic practices whether under
contract farming or otherwise which are certified by the Punjab Agricultural
Export Corporation Limited;and
(b) The durum wheat grown under the contract farming by the farmers or the
dealers, as the case may be, who are registered with the Punjab Agro Food grains
Corporation.]
5[30A.
Sale and purchase of agricultural produce for export out of the State
(1) Where any sale or purchase of agricultural produce is made for the purpose
of export outside the State of Punjab, the dealer shall make a declaration and
give
certificate to that effect in form ‘Q’ in triplicate. The dealer shall
alongwith other documents furnish one copy of the declaration to the Committee
within the notified market area of which the sale or purchase of agriculture
produce was made, against stamped receipt, where any market fee has been paid or
is to be paid. The second copy shall be delivered by the dealer at the
inter-state barrier and the third copy shall be retained by him. When the
agricultural produce is uthorized by rail, one copy of the declaration shall be
furnished by the dealer to the officer or the official of the Board or the
Committee, as the case may be posted at the concerned railway station.
(2) If a dealer fails to comply with provisions of sub-rule(1), the agricultural
produce shall be deemed to have been bought or sold in the notified market area
of the place where the vehicle or other conveyance carrying the agricultural
produce is checked. If the defaulting dealer is not a licensee of that notified
market area, the transaction of the agricultural produce shall be deemed to have
been made without a valid licence and the agricultural produce shall be liable
to be confiscated as provided in rule 24-B.
30-B Powers to exempt
The State Government may for reasons to be recorded in writing, exempt any
class or category of dealers from the provisions of rule 30-A]
1. Added vide Notification No. GSR 4/P.A. 23/61/S43/Amd. (50)/99 dated
21.1.1999.
2. Added vide Notification No.GSR 96/P.A. 23/61/S.43/ Amd. (58)/2001 dated
11.9.2001
3. Substituted vide Notification No. 11/8/04-M-3/4816 dated 27-6-05
4. Add vide Notification No. 11/19/2004-M-3/759 dated 1-2-2005
5. Inserted vide Notification No. 11/9/2000-M-3/1663 dated 20.3.2002.
31. Account of transaction and of fees to be maintained [See Amendment]
Sec.23
1[(1) Every licensed dealer and every dealer exempted under rule
18 from obtaining a licence shall submit
&43(2) to the committee a return in Form ‘M’ showing his purchases and sales of each transaction of agricultural (5)
produce
within seven days of the date of the transaction].
Provided that a person exempted from taking a licence 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 and person exempted from taking a
licence under rule 18 (1) (e) and 18 (2) (e) shall be exempted from the
provisions 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 Arhitya sends one copy of Form J
to the Market Committee, the Kacha Arhitya 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 purchased from
each seller.
(2) The Committee shall maintain a register in Form ‘N’ showing the total
purchases and sales made by dealers and fees recoverable and recovered from
them.
2[(3)
The assessing authority shall determine the rate of fee to be levied by the
Committee under section 23 of the Act on the basis of return furnished under
sub¬-rule (1) by the dealer]
[See Amendment]
(4) If any dealer fails to submit a return as prescribed in sub-rule (1) or
3[the assessing authority] has reason to believe that any such
return is incorrect, it shall, after giving a notice in form ‘0’ to the dealer
concerned and after such enquiry as it may consider necessary, proceed to assess
the amount of the dealer’s business during the period in question.[See
Amendment]
(5) If a dealer habitually makes default in the submission of returns or if in
the opinion of
4[the assessing authority] the dealer habitually submits false
returns, the committee may order for the inspection of the dealer’s accounts.
[See Amendment]
(6) After an order under sub-rule (4) is made,
5[the assessing authority] shall inform the dealer of the date and
place fixed for the inspection:
[See Amendment]
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.
[See Amendment]
1. Substituted vide Notification No. GSR 85/P.A. 23/61/S43/ Amd.(89) dated
21.11.99 published in the Gazettee dated 1.12.89.
2. Substituted vide Notification No. GSR 19/ P.A. 23/61/S.43/Amd. (51)/99 dated
15.3.1999 published in the Gazette dated 16.3.99.
3. Inserted vide ibid.
4. Substituted vide Notification No. GSR 19/ P.A. 23/61/S.43/Amd. (51)/99 dated
15.3.1999.
5. Inserted vide ibid.
6. Inserted vide Notification No. 11/19/04-M-3/8095 Dated 11.11.05
1[(7)
The assessing authority may after inspection prepare a return or may amend the
return already furnished, on the basis of transactions, appearing in the
dealer’s account books, and the assessing authority may determine or as the case
may be an additional fee levied 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 assessing authority
may assess the amount of the dealer’s business on such information as may be
available or on the basis of best judgement, and determine fee due on the basis
of such assessment].
2[8.
Omitted ]
[See Amendment]3[(9)
In addition to the fee or additional fee levied or determined under sub-rule (3)
or sub-rule (7) the assessing authority may recover from the defaulter penality
equal to the fee or additional fee found due to be payable.]
(10) Habitual default in the submission of returns and habitual submission of
false return shall be a sufficient ground for suspension or cancellation of or
refusal to renew, a licence, 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
4[sub rule (7)] 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
5[assessing authority or in his absence by any other person
appointed in this behalf by him].
Such certificate shall give the dates on which application was received and the
copy prepared and delivered to the applicant, and shall be conclusive evidence
of the correctness of these dates.
(13)(i)
6[An appeal against the assessment order made under
7[sub-rules (7) and
(9)] shall lie to the Secretary of the Board and shall be preferred within sixty
days from the date of communication of the assessment order appealed against in
the form of
[See Amendment]
1. Substituted vide Notification No. GSR 19/ P.A. 23/61/S.43/ Amd. (51)/99 dated
15.3.1999 .
2. Omitted vide ibid.
3. Substituted vide Notification No. GSR 19/P.A. 23/61/S.43/ Amd. (51)/99 dated
15.3.1999 published in the Gazette dated 16.3.1999.
4. Substituted vide ibid.
5. Inserted vide ibid.
6. Substituted vide Notification No. GSR 79/P.A. 23/61/S.43/Amd (33)/92 dated
11.11.1992 published in the Gazette dated 12.11.1992
7. Substituted vide Notification No. GSR 19/P.A 23/61/S.43/ Amd. (51 )/99 dated
15.3.99 published in the Gazette dated 16.3.99.
memorandum duly stamped with court fee of twenty rupees and signed by the
appellant or his duly uthorized agent and shall be presented to the Secretary of
the Board or to an officer uthorized by him.
(5) If the appellant fails to prefer the appeal within the period specified in
clause (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:
1[Provided
that no appeal shall be entertained unless the appellant has deposited with the
assessing authority concerned an amount equal to twenty-five percent of the
amount of the fee assessed or rupees twenty five lac, which ever is less.]
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.
2[(ii-a)]
The 3[Secretary
of the Board or an officer uthorized by him] after hearing the appellant and
also the
4[assessing authority] 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
5[Secretary of the Board or an officer uthorized by him] may waive
the whole or a part of the penalty imposed under sub-rule (9), in a case where
such penalty, would, in his judgement mean undue hardship to the appellant.
(iv) The order passed by the
6[Secretary] shall be final and conclusive.
(5) Books to be kept by licensed brokers and godown-keeper
Sec.43(2) Every broker and every godown-keeper licensed under these rules
shall¬-
(xxxi)
(a) keep such books in such form as the Committee granting the licence may, from
time to time, prescribed by its bye-laws;
(b) render such return at such times 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 under the Act or under the rules or bye-laws made thereunder,
in preventing 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.
1. Substituted vide notification No. 11/14/2003/654 dated 27-1-2005
2. Substituted vide Notification No. G.S.R. 19/P.A. 23/61/S.43/Amd. (51)/99
dated 15-3-1999 published in the gazette dated 16-3-1999.
3. Substituted vide Notification No. 11 (l3)-M-I-83/21424 dated 13/14.10.1987.
4. Substituted vide Notification No. GSR 19/P.A. 23/61/S.43/ Amd. (51)/99 dated
15.3.1999 published in the Gazette dated 16.3.1999.
5. Substituted vide Notification No. 11(l3)-M-I-83/21424 dated 13/14.10.1987.
6. Substituted vide ibid.
33. Refund of certain amounts
Sec.43(2) (1) When –
(vii)(viii) (a) any sum has been deposited for the grant of a license which has
in fact not
& (ix) 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 been 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)(1) No person shall adulterate agricultural produce, or place or offer
(xxxiii) agricultural produce for sale, in a notified market area.
(5) 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 purposes 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 uthor remains of the
agricultural produce with agricultural produce and mixing of earth, dirt and
stones or any other extraneous matter with any agricultural produce.
1. Substituted vide Notification No. 11/l3/93-M3/5762 dated 27.8.2003.
2. Substituted vide Notificaion No. 11/l3-M-Iil-83/9379 dated 4.5.1988.
3. Substituted vide Notification No. 11/l3/93-M-3/5762 dated 27.8.2003.
35. Preservation of the prescribed form and production thereof and
inspection of the accounts books
Sec.43(2) (1) The counter foils of form I, J, and M shall be preserved by the
dealer
(xxxi) 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 uthorized by the
2[Chairman of the Board of an officer uthorized 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.
3[35-A.
Power to order production of accounts, powers of entry inspection, seizure and
stopping vehicles]
(1) Any officer of the Board not below the rank of
4[the Secretary of the committee] or any other officer empowered
by the State Government in this behalf, may require any dealer to produce before
him, the books and other documents maintained by him and to furnish any
information relating to the purchase, sale, storage of 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, sale, storage or processing of agricultural produce, in his
possession, and his office, establishment, godown or vehicles 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 or 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
1. Omitted vide Notification No. GSR 10/P.A. 23/61/S. 43/Amd. (1)/63 dated
3.1.1963.
2. Substituted vide Notification No. 11/13/93-M-3/5762 dated 27.8.2003.
3. Inserted vide Notification No. 1863-RD-I-74/9925 dated 3.6.1974 published in
the gazette dated 4.6.1974.
4. Substituted vide Notification No. G.S.R. 25/P.A. 23/61/S. 43/ Amd. (26) 89
dated 15.2. 1989, published in the gazette dated 24.2.1989.
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-rules (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 any officer of the
Board not below the rank of
1[The Secretary of the Committee] or any officer uthorized 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 stationary 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 conveyance.
36. Composition
Sec.46,43 (1) In case the Chairman of the Committee accepts a sum, by way of
(1 )&43(2) composition in accordance with the provision of section 46, he shall
report
(vi) the matter in next meeting of the Committee, placing before the meeting all
relevant papers in that behalf.
(2) The amount so uthoriz 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 (1) A Committee may, and when required by the
2[Chairman of the Board or
(vii) & an officer uthorized by him] shall, for the benefit of the persons using
the
43(1) market exhibit in a suitable place outside its office and at such other
place or places as may be determined by it, bulletins of information on such
matters as the prices of agricultural produce ruling at the principal marketing
centres in the State and the ports serving the State and the stocks held by
mills and the like.
1. Substituted vide Notification No. G.S.R. 85/P.A. 23/61/S. 43/Amd. (36)/93
dated 4.11.93 published in the gazette dated 5.11.1993.
2. Substituted vide Notification No. 11/13/93/M 3/5762 dated 27.8.2003.
(2) The daily rates of all important agricultural commodities authenticated by a
person uthorized 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 office of the Committee.
38. Storage accommodation
Sec. 43(2) (1)A Committee may arrange when necessary, accommodation for the
(xv) temporary storage or stocking of agricultural produce.
(5) 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].
(5) Procedure for appeals
Sec. 43(2) (1) Every appeal preferred under sub-section (4) of section 10, sub –
section
(xxii) (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 appellant or his duly uthorized 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 filing 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 uthorize on the payment
of 3[one
rupee] per page or a part thereof subject to a minimum of
4[ten rupees]
1. Substituted by G.S.R. 10/ P.A/23/61/S.43/Amd. (1) 63 dated 3.1.1963.
2. Substituted vide Notification No. 11 (13)- M-III-83/9379 dated 4.5.1988.
3. Ibid.
4. Ibid.
1[41 ........................... (Omitted)]
42. Preservation of records
The respective records of the Board and the Market committees shall be preserved
for the period noted against each in the schedule here to annexed :-
Schedule
| Description |
|
Period |
| Budget |
|
5 years |
| General Cash Book |
|
Permanently |
| Establishment Bill |
|
35 years |
| General Bills |
|
3 years |
| Balance Sheet |
|
10 years |
| Ledger |
|
10 years |
| Register of deposits |
|
Permanently |
| Application form |
|
Permanently |
| Application form |
|
3 years |
| Returns of daily purchases and sale |
|
One year after audit |
| Receipt |
|
3 years |
| Register of sale and purchase of agricultural produce |
|
10 years |
| Register of licences |
|
10 years |
| Provident Fund Register |
|
10 years or till all accounts to which it relates are closed |
| Service books of the employees |
|
5 years after retirement or death (Whi |
| Register of proceedings of the Board or committee or Sub-committee |
|
Permanently |
| Register of correspondence |
|
Permanently |
| Cheque Books |
|
10 years |
| Pass Books |
|
10 years |
| Travelling allowance bills |
|
3 years |
| Lease Deeds Allowance Bills |
|
10 years from the date they cease to have effect. |
| Security Bonds |
|
ditto |
| Treasury Challans |
|
3 years |
| Imprest Account Register |
|
3 years |
1. Omitted vide Notification
No.10/P.A.23/61/S.43/ Amd. (1) 63 dated 3.1.1963.
|
| 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 Register |
|
Permanently |
| Files about the appointment, removal and dismissal of employees |
|
35 years |
| Other Record which the Board or committee may decide to preserve for more than
three years |
|
Such period (notless than 10 years). As may prescribed by the Tree Board or the
Committee |
1[42-A. Accounts and audit
The accounts of the Board shall be post audited by the Accountant General,
Punjab or such other authority, which the State Government may notify in the
official gazette and the report of accounts so audited shall be submitted to the
Board and a copy thereof shall be forwarded to the State Government.]
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 penalty, 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, penalty, forfeiture or punishment as
aforesaid;
and any such investigation, legal proceeding or remedy may be instituted
continued or enforced, and any such penality, forefeiture 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 utho superseded by anything done
or any action taken under these rules.
1. Added vide Notification No.15-3-2001-M-3/5938, dated 24-9-2002.
|