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THE DELHI
AGRICULTURAL DEVELOPMENT DEPARTMENT (DRECTORATE OF AGRICULTURAL
MARKETING) NOTIFICATION Delhi,
the 10th November, 2000 No. F8/12/2000/DAM/Mr
(I)/4380-4403 – In
exercise of the powers conferred by Section 116 read with Section 79 of
the Delhi Agricultural Produce Marketing (Regulation) Act, 1998 (Delhi Act
No. 7 of 1999) and all other powers enabling it in this behalf, the
Government of National Capital Territory of Delhi hereby makes the
following rules to regulate marketing of agricultural produce in the
national Capital Territory of Delhi namely: 1.
Short
title and commencement (1)
These rules may be called the Delhi Agricultural Produce Marketing
(Regulation) General Rules, 2000. (2)
They shall come into force from the date of their publication in
the official Gazette. 2.
Definitions
(1)
In these rules, unless the context otherwise requires – (a)
‘Act’ means the Agricultural Produce Marketing (Regulation)
Act, 1998 (Delhi Act No. 7 of 1999); (b)
‘buyer’ means a person, firm, company or cooperative society or
Government Agency or public undertaking or public agency or corporation,
or commission agent, who in the course of his or its business himself or
itself or on behalf of any person or agent buys or agrees to buy notified
agricultural produce in the market area; (c)
‘co-operative society’ means a cooperative society registered
or deemed to be registered as such under the Delhi cooperative Societies
Act, 1972 (35 of 1972) or any other law for the time being in force which
deals in and hold a license for marketing agricultural produce; (d)
‘Development Commissioner’ means and includes the Secretary,
Agricultural Marketing Department of the Government of National Capital
territory of Delhi; (e)
‘Director’ means a person appointed by the Government by
notification, as the Director of Agricultural Marketing of Delhi. (f)
‘export’ means the export of agricultural produce outside
India; (g)
‘financial year’ means the year commencing on the 1st
day of April and ending on 31st March, next following year; (h)
‘Form’ means a form appended to these rules; (i)
‘incidental service fee’ means the fee payable by the seller; (j)
‘licensee’ means person holding a licence issued under these
rules or the rules hereby repealed; (k)
‘market’ means a regulated market established under this Act
for a market area and includes a market of national importance established
under section 26 and a principal market and a subsidiary market
established under section 23; (l)
‘market service fee’ means the fee payable by the buyer; (m)
‘market functionary’ means a dealer, broker, commission agent,
buyer, palledar, processor, stockist, cold storage, operator, trader,
weighman and such other person as may be declared by notification under
the bye-laws, to be a market functionary; (n)
‘marketing’ means buying or selling of notified agricultural
produce and includes grading, packing standardization, processing,
storage, cold storage, ware house, transport, export, channels of
distribution and any other function associated with the buying or selling
of such agricultural produce and all activities involved in the flow of
agricultural produce from production points; (o)
‘section’ means the section and includes its sub-section of the
Act; (p)
‘seller’ means a peson who, sells or agrees to sell any
notified agricultrual produce and includes a person who sell son behalf of
any other person as his agent or servant or commission agent; (q)
‘vehicle’ includes a motor vehicle, or boat or other vessel,
animal or conveyance. (2)
Any work or expression used in these rules but not defined shall
have the same meaning as assigned in the Act. 3. Procedure for holding enquiry for
considering objections and suggestions received under section 3 of the Act
(1) When the Government by notification under
section 3 of the Act published in the official Gazette declares its
intention of regulating any notified Agricultural produce in any specified
area and invites suggestions / objections from the public, anyone
interested may send the same in duplicate to the Director within forty
five days of the publication, of the notification. (2) All such suggestions and objections received
within the stipulated period of forty five days shall be examined and
where the Government considers necessary, it may authorise any officer to
inquire into any suggestions and objection, received in regard to the
notification issued under section 3 of the Act and require the officer to
submit his report within a reasonable time. (3)
The officer so authorised may, by notice, require the persons making the
suggestions and objections to appear before him in person or through a
representative on date, place and time specified in the notice. (4)
The officer so authorised by the Government shall hold enquiry and take on
record all documentary and oral submission made by person (5) appearing
before him. The enquiry officer shall submit his report to the Secretary,
Agricultural Marketing Department (Development Commissioner) along with
all the documents for consideration of the Government. (5)
The Government shall after considering the suggestions and objections and
the report of the officer so authorised, decide the question of regulating
marketing of such agricultural produce in such area as specified in the
notification. After the question is decided, the Government may issue the
notification under sub-section (1) of section 4 in the terms of such
decision. 4. Allowances and other facilities admissible
to the Chairman of the Board. (1) In case a serving officer is
appointed as Chairman of the Board he shall draw the same scale of pay he
is getting as such and will be provided with staff car, telephone at
office and residence and other facilities that may be considered by the
Board necessary and befitting for discharging official duty. He may be
paid other additional allowances as may be approved by appointing
authority as per normal financial rules. (2) The serving officer when appointed as Chairman in
addition to his own duties he shall also be paid by the Board three
thousand rupees as charge allowance, staff car and telephone at office and
residence and other facilities as may be approved by the Board necessary
and befitting for discharging official duty. 5. Allowances and facilities admissible to the
Vice-Chairman of the Board
The Vice-Chairman of the Board shall draw the pay and allowance of
grade of his service to which he belong being appointed as Director. He
will also be paid two thousand and five hundred rupees per month as
special charge allowance, staff car and telephone at office and residence
by the Board besides other facilities, as my be approved by the Board from
time to time, necessary and befitting for discharging official duties and
responsibilities against under the Act. 6. Allowances to
non-official members of the Board
(1) A non-official member of the Board shall be paid a sitting
allowance of five hundred rupees for attending each meeting of the Board
or its Committee or sub-committee. This will be inclusive of all
expenditure and charges that a member may have to incur on transportation
and other ancillary items for and in connection with attending meeting of
the Board or its committee or sub-committee.
(2) A non-official member of the Board
shall be entitled to traveling allowance / daily allowance for journey
undertaken by him outside Delhi for the work of the Board for which he may
be deputed by the Board at the rates admissible to the executives of the
public sector undertakings of the Government. 7.
Allowances to members of the Committee
(1) The Chairman, Vice-Chairman and a member shall be paid three
hundred rupees, two hundred seventy five rupees and two hundred fifty
rupees – respectively as an honorarium and sitting allowance for
attending each meeting of the committee or sub-committee. This will be
inclusive of all expenditure and charges that a member may have to incur
on transportation and other ancillary items for and in connection with
attending meeting of the committee.
(2) For journey undertaken by the members of the committee for any
work of the committee for which they are deputed, outside Delhi and a
member of marketing committee of a market of national importance when
coming from outside Delhi to attend the meeting they shall be paid
traveling allowance / daily allowance at the rates admissible to the
executives of public sector undertakings of Government. 8. Qualification of Agriculturist
for nomination as a member of the committee
An agriculturist as defined under the Act shall be eligible for
being nominated by the government as member of marketing committee under
clause (1) of sub-section (1) of section 36 of the Act if - (1)
he resides within the local limits of Delhi, (2)
he is more than twenty five years of age, (3)
he has not been earlier removed from membership of any committee
for any misconduct, (4)
he is of sound mind, (5)
he is not insolvent and has not been convicted by a court of law
for criminal offence involving moral turpitude. |
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CHAPTER II BUDGET AND ACCOUNTS 9. Budget of the Board
(1) The Board shall meet not later than the first week of January
every year to pass the revised estimates for the current and budget
estimates for the next financial year.
(2) The revised estimates and budget estimates passed by the Board
shall be submitted to the Government, not later than 31st
January preceding the year, to which the budget relates, for sanction. If
the budget estimate so submitted to Government is not received back by 31st
of March with or without any modification, it shall be presumed to have
been approved by the Government as presented by the Board.
(3) No expenditure shall be incurred by the Board unless there is
specific provision in the budget for the same duly sanctioned by the
Government.
(4) The Board may re-appropriate any amount from one Head of
Account to another without approval of the government, but within the
overall budget allotment sanctioned by the Government.
(5) The Board may prepare supplementary budget whenever necessary
and obtain prior approval of the Government before any expenditure, not
provided in the original sanctioned budget, is incurred. 10. Budget of the Committee
The provisions of rule 9 above, so far as the preparation,
submission of budget estimate, supplementary budget its approval and the
incurring of expenditure by the committee is concerned, shall apply
mutatis-mutandis except the time limit which shall be three months for the
preparation, finalisation and submission for sanction of the budget
estimates of the committee by the Board. The committee shall submit its
budget to the Board latest by 31st December for sanction. If
the budget estimate so submitted to Board is not received back by 31st
March of next year with or without any modification, it shall be presumed
to have been approved by the Board as presented by the Committee. The
re-appropriation from one Head of Account to another Head of Account will
be done only with the prior approval of the Vice-Chairman of the Board. 11. Accounts of the Board
and Marketing Committees
(1) All money received by the Board shall be credited into Market
Development Fund constituted under Section 84 of the Act.
(2) All fees and other money received by a marketing committee, all
sums realised by way of penalty (otherwise than by way of fine in a
criminal case), all loans raised by a committee, and all grants, loans or
contributions made by the Government to the committee shall form part of
the Market Fund constituted under section 88 of the Act.
(3) All fines received by a court from an offender shall be
credited to the Market Development fund or the Market Fund, as the case
may be.
(4) Any money received by the marketing committee by way of
arbitration fee or as security for cost in arbitration proceedings
relating to disputes for any money received by the committee by way of
security deposit, contribution to provident fund or for payment in respect
of any notified agricultural produce, or charges payable to weighmen,
palledar and other functionaries and such other money received by the
marketing committee under the rules or bye-laws shall not form part of the
Market Fund and shall be kept in such manner as may be determined by the
Director from time to time.
(5) The amount to the credit of Market Development Fund of the
Board and Market Fund of the committee shall be deposited in their
respective accounts in any of the nationalised bank approved by the
Director.
(6) All payments to be made by the Board and committee, except from
the imprest, shall be made by cheques.
(7) No bill shall be prepared and passed unless there is budget
provision for incurring the expenditure.
(8) No cheque shall be drawn except against a bill that has been
examined and passed by an officer duly authorised by Vice-Chairman and
signed both by the Secretary and Accounts Officer in case of Board, and by
the Chairman and Secretary of the committee in the case of committees.
(9) Any expenditure incurred by the Board / committee shall be in
conformity with the procedure laid down in General Financial rule and
Subsidiary rule as amended from time to time by the Government.
(10) A receipt in form ‘K’ shall be issued forthwith for the
money received in the Board or the committees, as the case may be.
(11) In the matter of maintenance of Accounts and Audit in the
Board and the committees, instructions issued by the Vice-Chairman of the
Board or by the officer so authorised by him shall be observed.
(12) The accounts of all receipt and expense shall be maintained by
the Secretary and Accounts officer of the Board and in the case of the
committee, by Secretary and Incharge of Accounts and shall be subject to
audit.
(13) The balance remaining after meeting the initial expenses of
the Board and the committee, may be invested in short term or long term
deposit schemes of the Government and commercial banks or in any other
scheme as may be approved by the Director in case of market development
fund and by the Vice-Chairman of the Board, in case of Market Fund. 12.
Maintenance of Accounts of the Board and Committee
Accounts of all receipt and expenditure of the Board and committee
shall be kept and maintained in the manner and forms as may be prescribed
from time to time by the Director. 13. Remittance of
contribution to Board and Committee
(1) The contribution payable by the committees to the Board under
clause (a) of sub-section (2) of section 89 of the Act shall be remitted
by the committees every month, by the first week of following month.
(2) The cost payable to the Government under clause (b) of
sub-section (2) of section 89 of the Act, shall be payable within the
period specified by the government in the manner and ratio as may be
determined by the Government. (3)
If the remittance of contribution or cost in sub-rule (1) and (2) above is
delayed by a period of over three months without reasonable cause or
excuse it shall be considered as a default in the performance of duties on
the part of the Chairman / Secretary of the committee. 14. Audit of Accounts
(1) The accounts of the Board shall be got audited by a Chartered
Accountant to be authorised by the Director once a year immediately after
close of the financial year and a copy of the audit report consisting of
all item specified in section 87 of the Act, shall be forwarded to the
Director / Secretary, Agricultural Marketing Department (Development
Commissioner) by 30th September of the succeeding year.
(2) Payment of audit fee for the audit of the accounts of the Board
shall be made by the Board at such rate as may be determined by the
Director from time to time.
(3) The accounts of the marketing committee shall be got audited
once in a year after the close of the financial year by a chartered
accountant, authorised by the Director by 30th September of the
succeeding year.
(4) Audit fee for the audit of accounts of the marketing committee
shall be paid by the committee at such rates as may be approved by the
Director from time to time.
(5) The Secretary, Agricultural Marketing Department (Development
Commissioner) of Government of Delhi may depute any officer to inspect the
accounts and stores of the Board at any time if he deems fit. The
Secretary / Accounts Officer of the Board shall produce all books of
accounts etc. to such officer for inspection.
(6) The Vice-Chairman of the Board shall himself or depute any
officer to inspect the cash and store account of the marketing committee
at least half yearly and it shall be the duty of the Secretary of
Marketing Committee to afford all facilities and produce all documents for
such periodical inspection.
(7) At the time of audit, the Accounts Officer of the Board or any
other officer authorised by him, in case of audit of Board account, or the
Secretary of the marketing committee or officer authorised by him in case
of audit of accounts of a marketing committee, shall produce or cause to
be produced all accounts, register, documents and other relevant papers
which may be called by the audit officer for the purpose of audit. Any
explanation called by such officer for the settlement of any discrepancy
shall also be immediately furnished to him. CHAPTER
III
GRANT, RENEWAL, SUSPENSION
OR CANCELLATIONOF LICENCE 15. Grant of Licences
(1) Marketing committee or the Director where a marketing committee
is not functioning, after making such inquiries as it deem fit may grant
or renew a licence or may, after recording reasons in writing refuse to
grant or renew and such licence.
(2) A person desirous of obtaining a licence for the use of any
place in the market yard / area for the marketing of agricultural produce
or for operating there in as a trader, commission agent, broker,
processor, weighman, measurer, surveyor, warehouseman or in any other
capacity in relation to the marketing of agricultural produce, shall apply
in form ‘A’ or ‘D’, in duplicate to the Secretary of the committee
in whose jurisdiction he wishes to carry on his business or marketing of
agricultural produce and shall deposit with the committee, the requisite
licence fee and requisite security in cash.
(3) Subject to security amount as may be fixed by the marketing
committee under bye-laws, the licence fee for licences issued under this
rule shall be as under:
Category of Licencees
Licence Fee (Rs.)
Per annum A.
Traders (wholesalers) including ,
100/- oil expellers, dal mills, who purchase the agricultural produce to sell it after processing B.
Commission agents carrying on
100/- business in the principal market or subsidiary market C.
Brokers operating in principal and
100/- subsidiary markets D.
Processor, warehousemen including
100/- Cold-storages and go-downs. E.
Retailers having established premises
50/- for carrying on their business and selling to consumers only in the market area excluding the principal or subsidiary market. F.
Weighmen, measurers, surveyors and
25/- other similar market functionaries recognised by the committee.
G. Palledar
2/-
Provided that the functionaries referred to in category E will not
be allowed to purchase from the commission agents except when so allowed
by the Secretary of the Committee.
(4) The owner or driver of thella, rehra, rickshaw, tempo or truck
or person carrying head load shall pay per trim fee as may be fixed by the
Government from time to time.
(5) For the purposes of regulating the entry of person and of
vehicular traffic into the market in accordance with the provisions of
clause (a) of sub-section (2), of section 55, no person, other than one
having a valid licence intending to carry on the business of selling and
purchasing agricultural produce shall enter or attempt to enter the market
when directed not to do so by an officer authorised by the marketing
committee in this behalf.
Explanation – For the purpose of this clause, “person” shall
include a vehicle.
(6) A licence issued for the year 2000 before coming into force of
these rules shall be valid for the remaining current period. The Licensee
shall obtain new licence as per rate in accordance with these rules after
its expiry.
(7) Unless otherwise provided in the licence, each licence issued
under these rules shall be valid for a period of one year.
(8) All classes of traders, weighmen, measurers and other
functionaries operating in the market area shall pay fees as scheduled
above for each financial year or any part thereof for obtaining licences.
(9) The Secretary of the committee shall, on receipt of the
application form ensure that necessary licence fee nad security have been
deposited and shall, after verifying the correctness of the facts stated
therein, put up the same to the committee.
(10) The Committee may grant a licence to the applicant in Form
‘B’ or ‘E’ as the case may be. The licence shall be subject to the
conditions mentioned therein.
(11) A record of the licences issued under this rule shall be
maintained by the committee in Form ‘C’. (12)
The security will be released by the Committee three months after the date
of the closure of the business and on production of the clearance
certificate issued by the Secretary of the concerned committee. (13)
A licensee may apply for the change of the category of licence at any time
by paying the respective fee and security for the licence of the changed
category. (14) Where a marketing committee
has not been constituted or has not started functioning, the licence shall
be granted by the Director. The provisions of sub-rules (1) to (13) of
this rule shall, as far as may be, apply to the grant of licences by the
Director.
Provided that the licence fee so realised will be credited to the
market development fund. (15) The committee or the Director
as the case may be, shall grant the licence within sixty days of the
receipt of application. If such grant or renewal is not done or refused
within sixty days of receipt of the application, it shall be deemed
to have been granted or renewed. 16. Cancellation and
Suspension of licence (1) Subject to the provisions of
sub-rule (3), a marketing committee and where a marketing committee has
not been constituted or has not started functioning the Director, may, for
reasons to be recorded in writing, suspend or cancel a licence granted or
renewed under these rules - (a)
if the licence had been obtained through wilful misrepresentation
or fraud; (b)
if the holder of the licence or any servant or any person acting on
his behalf with his express or implied permission commits breach of any of
the terms or conditions of the licence and / or holder of licence makes
violation of the provisions
of the Act, these rules and bye-laws; (c)
if the holder of the licence in combination with other holders of
licence commits any act or refrains from carrying out his normal business
in the market with the intention of willfully obstructing, suspending or
stopping the marketing of agricultural produce in the market yard and / or
area. (d)
if the holder of the licence has been adjudged an insolvent, and
has not obtained his discharge; or (e)
if the holder of the licence is convicted of any offence under this
Act. (2)
Notwithstanding anything contained in sub-rule (1) but subject to the
provisions of sub-rule (3), the Director may, for reasons to be recorded
in writing, by order, suspend or cancel any licence granted or renewed
under these rules;
(3) No licence shall be suspended or cancelled, unless the holder
thereof has been given a reasonable opportunity of showing cause against
the proposed action. 17.
Refusal to grant or renew a licence
(1) The committee or
where the committee has not been constituted or started functioning, the
Director may, as the case may be, refuse the grant or renewal of a
licence, inter alia, if - (a)
a person applying for licence has been declared insolvent; (b)
the committee is satisfied that the purpose of applying for licence
is none other than to obtain a licence for becoming voter for the purposes
of elections to the committee; (c)
the licence has not been functioning during the preceding year
without any reasonable cause; (d)
the person applying is a benamidar or partner with any person to
whom a licence has been refused, or whose licence is cancelled or
suspended for the period of such cancellation or suspension; (e)
the person applying for a licence is convicted of an offence
involving the said persons ‘ integrity
as a man of business, within five years of such conviction; (f)
the person applying for licence has no premises to
carry on business or marketing of agricultural produce; (g)
any of the information stated by the applicant in his application
form is materially incorrect. (2)
No such order of refusal to grant or renew a licence shall be passed
without giving a reasonable opportunity of being beard to the affected
person. (3)
If a grant or renewal of a licence is refused to a person the licence fee
and security deposited by him shall be refunded. 18. Renewal of licence and
issue of duplicate thereof
(1) A licence shall be valid for the period of which it is issued
and shall, subject to any order passed, be renewable by the competent
authority on payment of fee prescribed for the issue of such licence.
Renewal application shall be made in form ‘F’ or ‘G’, whichever
relevant.
(2) If any area is excluded from any market area and included in
another one, the licences issued for the area so excluded shall be deeded
to have been issued by the committee of the market area in which the area
a 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.
Provided further that the authority competent to renew a licence
may, on the applicant’s paying a penalty equal to the amount of annual
licence fee, grant an application for renewal made within thirty days
after the date of expiry of the due date. The authority competent to renew
a licence may remit the penalty in whole or in part, if it is satisfied,
by recording in writing that the delay was for reasons beyond the control
of the applicant.
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
has expired.
(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 is lost, a duplicate may be issued by the
authority that issued the original, on payment by the licencee of a fee of
one hundred rupees.
(7) The fee payable for the renewal of licence or its duplicate shall
be paid to the committee concerned. 19. Prohibition against
grant of certain licences
Except as hereinafter provided, no person shall at the same time
hold licence for more than one category;
Provided that a licencee falling in category ‘A’ may have
another licence of category ‘B’ and vice versa as referred to in sub
rule (2) for Rule 15. 20. Person exempted from
taking licence
(1) The following persons shall be exempted from taking licence for
the purchase of agricultural produce - (a)
Person using kohlu, provided that the number of kohlus installed by
him in the market area is not more than two; (b)
Hawkers, having no fixed premises of business; (c)
Atta chakki owners if he purchases less than 10 quintals food grain
in a day;
Provided that in the case of persons mentioned in clauses (a) the
purchase shall be made for meeting the vocational needs only of the
persons concerned. (2)
The following shall be exempted from taking a licence for the sale of
agricultural produce - (a)
Scheduled banks when proceeding against any
agricultural produce belonging to a producer or a licencee to whom money
has been advanced against the security of such agricultural produce; (b)
Hawkers who do not engage in any dealing in
agricultural produce other than such hawking; (c)
Agriculturists who make sales of, his own produce
in the yard or sub-yard without the assistance from a commission agent.
However, he will have to obtain permission / authorisation from the
committee. (3)
The following shall be exempted from taking licence for processing of
agricultural produce, namely: (a)
chakkiwalas (including hullers and pulverisors) who do not make any
sale or purchase of agricultural produce but have installed their chakkis
including hullers and pulverisors only for grinding agricultural produce
for consumers; (b)
Persons engaged n and pounding of paddy only. (4)
Scheduled banks storing agricultural produce pledged with them by producer
or a licencee to whom money has been advanced against the security of such
agricultural produce shall be exempted from taking licence in respect of
storage business. (5)
If a dispute arises whether a person is entitled to exemption under this
rule or not, the Vice-Chairman of the Board shall decide the case after
giving the affected person an opportunity of being heard. His decision
shall be final. Explanation – For purposes of clause
(b) of sub rule ((1), clause (b) of sub rule (2) of this rule, hawker,
includes a person engaged in selling agricultural produce by means of
mobile vehicle, such as cycle, rickshaw, rehra, etc. and also includes the
head-load venders (pherewala). 21. Books to be kept by the
licencee (1)
Every licencee shall: (a)
Keep such books in such form as the committee may form time to time
prescribe in its bye-laws; (b)
render such return at such times and in such forms as the committee
/ Board / Director may prescribe or direct. (2)
All forms prescribed under the rules shall be supplied to traders and
other functionaries by the marketing committee on payment of fixed price
as may be specified on the form itself. 22. Procedure of appeal (1)
Every appeal preferred under section 82 of the Act shall bear the court
fee stamp of rupees ten. (2)
The appeal shall be in the form of memorandum which shall set forth
concisely the grounds of objection of the order appealed against and shall
set forth concisely the grounds of objection of the order appealed against
and shall also be accompanied by a copy of impugned order, a copy of the
show cause notice and a copy of reply thereto. (3)
An appeal against the decision of the committee refusing to grant or renew
a licence or suspending or canceling the licence shall be presented to the
Vice-Chairman of the Board by the appellant or his duly authorised agent
within thirty days of communication of order. The Vice-Chairman may issue
a stay-order against the decision of the committee suspending or canceling
the licence as may be deemed proper. (4)
The Vice-Chairman shall decide the case within a reasonable time from the
date of presentation of appeal after giving a reasonable opportunity to
the parties of being heard. (5)
When the order of refusing or renewal of a licence or suspension or
cancellation of a licence is passed by the Director, the appeal shall be
presented to the Secretary, Agricultural Marketing Department (Development
Commissioner) of the Government of
National Capital Territory of Delhi within thirty days of
communication of order who may, if he deems proper, stay the operation of
the impugned order.
Provided that the appeal shall be decided by the Secretary,
Agricultural Marketing Department of Government of National Capital
Territory of Delhi, within a reasonable time after giving a reasonable
opportunity of being heard to the parties. (6)
The procedure indicated in sub-rules (1) to (5) shall as far as may be,
applied to the presentation of the appeal to the Secretary, Agricultural
Marketing Department (Development Commissioner) of Government of National
Capital Territory of Delhi;
Provided that, before dismissing an appeal, the Vice-Chairman of
the Board or the Secretary, Agricultural Marketing Department of the
Government of National Capital Territory of Delhi, as the case may be,
shall give the appellant a reasonable opportunity of being heard, and
record in writing the reason for such dismissal. 23. Appeal against Penalty
(1) An appeal against an order under sub-section (1) of section 123
of the Act may be filed before Vice-Chairman within thirty days of the
payment of the penalty/penalties. The appeal so preferred shall contain
full substance of the case and shall be bearing a court fee stamp of
rupees five and a copy of the order appealed against.
(2) The Vice-Chairman shall decide the case within a reasonable
time from the date of presentation of appeal after giving a reasonable
opportunity of the party of being heard. (3) In case the appeal filed under
sub-section (2) of section 123 of the Act is accepted, refund of fine
shall be made to the appellant. 24. Intimation about change of
constitution of a firm etc.
(1) Every trader or commission agent shall furnish to the Marketing
Committee the information about the change of constitution, discontinuance
of the business, dissolution, partition of a firm, company, corporation,
association of persons etc. or the death of any person connected therewith
within fifteen days of the occurrence of any of such event. (2) The committee, on being
satisfied about the correctness of the intimation shall order necessary
corrections to be made in the licence subject to the terms and conditions
of allotment of shop / plot, if any, to the licencee. (3) Notwithstanding anything
contained in sub-rule (1) if the firm fails to give necessary intimation
to the Secretary of the committee within the specified time, the changes,
referred in sub-rule (1) above, shall be deemed to result in the
constitution of a new firm / company etc. necessitating a fresh licence. (4) Nothing in this rule shall
apply in the case of a licence granted to a cooperative society. |
|
CHAPTER IV MARKETING OF AGRICULTURAL
PRODUCE 25. Employment of broker or
commission agent not compulsory
(1) No person shall be bound to employ a broker or a commission
agent in any transaction or be required to pay for a broker employed by
any other party to the transaction or to pay for broker when non has been
employed.
(2) Where any person enters into any transaction for 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 broker both for the buyer and
the seller of an agricultural produce in the same transaction. 26. Sale of Agricultural
Produce
(1) All agricultural produce brought into the market for sale shall
be sold only by open auction in the principal of subsidiary market. (2)
Nothing in the sub-rule (1) shall apply to a retail sale by an
agriculturist of his own produce as may be specified in the bye-laws of
the committee. (3)
A committee shall fix timings for the starting and closing of the auction
in respect of any agricultural produce. (4)
The price of agricultural produce shall not be settled by secret signs or
secret bid and no deduction shall be made from the highest bid received
and accepted in the open auction. (5)The
auction shall be conducted by the commission agent or auctioneer of the
marketing committee in accordance with the timings fixed and instruction
issued by the committee. (6)
The highest bid offered by a purchaser at an auction sale and at which the
seller of the produce has given his consent to sell his produce, shall be
the sale price of the produce. (7)
The purchaser shall be considered to have thoroughly inspected the
agricultural produce for which he has made a bid and he shall have no
right to retract from it. (8)
As soon as the auction for a lot is over, the employee of the committee
shall fill in the relevant particulars in a book to be maintained in Form
‘H’ and shall secure the signature of both the purchaser and the
seller or their respective representative, whoever may be present at the
spot. (9)
A register in Form ‘I’ shall be maintained in the office of the
committee and all heaps of agricultural produce which remain unsold during
the course of auction shall
be entered in this register. It shall be the duty of every commission
agent to report to the committee as soon as the unsold heaps or
receptacles are disposed of. The purchaser shall be responsible to get the
agricultural produce weighed or counted or measured, as the case may be,
immediately after the auction, if necessary. (10)
A person engaged by a producer to sell agricultural produce on his behalf
shall not act as a buyer either for himself or another person in respect
of such produce except with the prior consent of the producer. (11)
The commission agent shall make payment to the seller immediately after
the weighment is over. (12)
Every commission agent shall prepare receipt in quadruplicate in Form
‘J’. Original receipt shall be given to the seller at the time of
payment of sale proceeds, second copy shall be submitted to the marketing
committee on the following day, the third one shall be given to the
purchaser and the fourth copy shall be retained by the commission agent
for his record. Where no commission agent is engaged, the buyer shall
prepare the receipt in triplicate and shall deliver the same as above. (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
purchaser to the commission agent on delivery of Form ‘J’.
(14) Delivery of agricultural produce after sale shall not be made
or taken unless and until the commission agent or if the seller does not
employ a commission agent, the purchaser has given to the seller a sale
voucher in Form ‘J’. 27. Appointment of disputes
sub-committee and Arbitrator (1)
The marketing committee may from amongst its member constitute a
sub-committee called the disputes sub-committee consisting of - (a)
Any member of the committee as its Vice-Chairman; (b)
Two of the representatives of agriculturists of
the marketing committee; (c)
One of the representative of the marketing
committee representing the interest of consumers; (d)
One of the representatives of the traders of the
marketing committee. (2)
The marketing committee with the approval of Vice-Chairman of the Board
may for each market yard appoint a panel of not less than six persons to
act as arbitrators in the settlement of the aforesaid disputes. Every
person included in the panel shall be a person having sound knowledge and
experience living in the market area or a dealer doing business in the
market yard for which the panel has been appointed. A list of panel of
arbitrators shall be pasted on the notice board and also at some
conspicuous place in the market. (3)
The party at whose instance a dispute is referred to arbitration or to the
dispute sub-committee for the settlement shall pay in advance to the
marketing committee a sum of one hundred rupees as fee. 28. Settlement of Dispute
(1) Where any dispute referred to in section 83 arises between any
parties operating in the market area, the Secretary or the marketing
committee or any person authorised by the marketing committee in that
behalf may, if the parties agree to settle such disputes by arbitration,
refer the dispute to arbitration and in the absence of any such agreement,
to the dispute sub-committee referred under rule 27. (2)
Where the parties agree to settle the dispute he recourse to arbitration,
each party to the dispute and the Secretary of the marketing committee or
any person authorised by the marketing committee in that behalf shall
select arbitrator / arbitrators from the panel of arbitrators referred
under sub-rule (2) or rule 27. (3)
The Arbitrators shall, as far as possible, try to reach a unanimous
decision; but in the case of disagreement, the decision of the majority
shall prevail. The decision shall be communicated to the parties in
writing with the reasons there-for. (4)
Every dispute shall be decided, as far as possible at the spot and on the
same day. (5)
The Arbitrators or the dispute sub-committee when recording their decision
shall also decide the quantum of fee to be paid to the arbitrator by each
party to the dispute. The amount of the fee to be paid by the party at
whose instance the dispute was referred to arbitration or the dispute
sub-committee shall be adjusted against the sum paid by him in advance
under sub-rule (3) of rule 27. (6)
If the party at whose instance the dispute is referred to arbitration or
to the dispute sub-committee is not liable to pay any fee then the amount
of fee paid by him in advance shall be refunded to him by the marketing
committee on the day on which the decision of the arbitrators or the
dispute sub-committee, as the case may be is announced. 29. Transactions of business by the
Dispute Sub-Committee
(1) No business shall be transacted by the dispute sub-committee
unless three members including the Vice-Chairman of the committee are
present.
Provided that presence of representatives of the parties in
disputes shall not be counted for the purpose of quorum under sub-rule
(1). (2)
Every meeting of the dispute sub-committee shall be presided over by the
Vice-Chairman, and if he is absent, by such one of the members of the
dispute sub-committee present as may be chosen by the other members of the
committee in the meeting, to be the presiding authority for the occasion. (3)
All questions shall be decided by the majority of votes of the members
present and voting. The presiding authority shall have a second or casting
vote in case of equality of vote. (4)
Any party aggrieved by the decision of the arbitrator or the dispute
sub-committee may appeal to the Vice-Chairman of the Board within seven
days of the order. (5)
The appeal shall be presented in the form of a memorandum which shall set
forth concisely the grounds of objection to the order appealed against and
shall be accompanied by a copy of such order. The appeal shall be
presented by the appellant or by his duly authorised agent to the
Vice-Chairman of the Board. (6)
The memorandum of appeal shall bear a court fee stamp of rupees five. The
Vice-Chairman shall decide an appeal on behalf of Board after giving
reasonable opportunity of being heard to the parties within reasonable
time. The decision of the Vice-Chairman of the Board shall be final and
conclusive. (7)
Every marketing committee shall maintain a complete record of all
disputes. 30. Weighment
(1) The Board shall fix standards of net weight of agricultural
produce to be filled in a packing unit, such as bag, half bag or a palli
or container within each market area.
(2) No person shall fill or cause to be filled the packing unit of
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 in accordance with standards fixed under sub-rule
(1). (4)
Immediately on the completion of weighment of a lot of agricultural
produce within a market area, either party to the contract may cause a
test weighment up-to 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 shall be 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 refuse 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 an Inspector readily available on the spot, who after
satisfying himself as 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 committee authorised 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 market area is removed from the place of its
weighment, the Chairman or the Secretary of the committee or any employee
of the committee as authorised by either of them or an inspecting officer
of the Board, shall with a view to satisfying himself that the 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) if found to be defective, the
persons checking the weighment may order to 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 (1) and at the cost of
the weighman concerned, if the weighment is otherwise defective. Such
orders shall b e final and the buyer or the weighmen 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, or the rules or the bye-laws. 31. Use of weighing instruments,
weights and measures, their inspection and seizure
(1) Only such weighing instruments which satisfy the requirements
of, and such weights, and measures as are prescribed by the Standards of
Weights and Measures (Enforcement) Act 1985 as in force in the National
Capital Territory of Delhi and the rules made there-under shall be used
for weighing or measuring agricultural produce in
a market area.
Provided that in transaction of sale and purchase of agricultural
produce in the principal market and subsidiary market of the market area
beam scale (Kanta) or platform scale shall only be used. (2)
Every committee shall keep in the market yard at least 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, verified and stamped
in accordance with the provisions of the Standards of Weights and Measures
(Enforcement) Act, 1985, and the rules framed there-under. 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 Secretary of a committee shall allow any person to check free of
charge and 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 Vice-Chairman of the Board or by any other officer not lower in rank
than of a Marketing Officer. After inspection, the inspecting authority
may give such direction, as it may deem proper. The committee shall comply
with such directions. (5)
The Chairman or the Vice-Chairman of the Board or the committee, and any
person authorised in this behalf by the Board shall be entitled at any
time and without previous notice to inspect, examine and test by weighing
instruments, weight or measures used, kept or possessed in the market area
by a licencee, and every such licencee in possession of any such weighing
instruments, weight or measures shall, when required, be bound to produce
the same before the person entitled so to inspect, examine and test it. (6)
Any person authorised to test and examine any weighing instrument, weight
or measure, under sub-rule (5) shall, while so acting have the following
powers: (a)
to seize or detain any disputed weights and measures or weighing or
measuring instruments; (b)
to seize of detain any articles sold or delivered or caused to be
sold or delivered by means of such weight or measures or weighing or
measuring instrument together with any documents or records relating
thereto; (c)
to enter into any
place where weights and measures or weighing or measuring instruments are
used or kept for use in transactions for trade or commerce and inspect
such weights and measures and weighing or measuring instruments, and (d)
to require any trader or any employee or agent of a trader to
produce for inspection all weights or measures or weighing or measuring
instruments which are used by him or are in his possession or are kept in
any premises used for trade. 32. Dispute regarding construction
of rules and weight and measures (1)
Subject to the provision of section 74 of the Act, when a dispute arises,
it shall on the request of either party to the dispute, shall be referred
to the controller, weights and measure, government of National Capital
Territory of Delhi by the Director on receipt of all information and
grounds along with statements from the Secretary of the committee, for his
decision. (2)
Any party aggrieved by the decision of the controller under sub-rule (1)
above, may appeal against that to the Lt. Governor within seven days of
the receipt of the decision/order. (3)
The appeal shall be presented in the form of a memorandum bearing court
fee of ten rupees which shall set forth concisely the brief facts, grounds
of appeal accompanied by a copy of order / decision and submitted to the
Director. (4)
The appeal shall be decided by the Lt. Governor or by the officer duly
authorised by him in this behalf after giving reasonable opportunity of
being heard to the parties. 33. Weigh-bridges, measuring yard
and certificates of weighment or measurement (1)
The committee may erect in the market and outside a weigh-bridge for
weighing agricultural produce on payment of such fees as may be prescribed
by its bye-laws. (2)
In places where it is customer for any agricultural produce to be measured
instead of being weighed, the committee may specify place within or
outside the market for that purpose and make arrangements for the
measuring of such produce on payment of such fees as may be prescribed by
its bye-laws. (3)
The committee shall be responsible for maintaining such weigh-bridge or
measuring yard in proper conditions and for issuing free of cast a
certificates 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
authorised 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 measure. 34. Prevention of
adulteration of agricultural produce (1)
No person shall adulterate agricultural produce or place or offer
adulterated a agricultural produce for sale, in a market area. (2)
It shall be the duty of a committee to prevent adulteration of
agricultural produce in the market area. The Chairman or Secretary of the
committee may take all or any steps within his power to stop, prevent or
discourage such adulteration. Explanation – For the purpose of this rule
adulteration of agricultural produce shall include mixing of inferior
stuff with superior produce, mixing of different varieties or different
qualities, mixing of sieved remains of the a agricultural produce with
agricultural produce and mixing of earth, dirt and stones or any other
foreign matter with any agricultural produce. 35. Grading and standardisation of
agricultural produce (1)
The Marketing Committee shall maintain for the use of sellers and buyers
of a set of samples of standard grades of the declared agricultural
produce sold at the market and shall replace the same as may be necessary
from time to time. The marketing committee shall also arrange to keep and
exhibit samples of different grades of agricultural produce with
indications of parity prices based on rates prevailing in terminal and
important markets for the information of sellers and buyers. (2)
The marketing committee may : - (a)
carry out the work of grading of such declared agricultural produce
as may be specified by the Vice-Chairman of the Board from time to time;
and (b)
supervise processing of agricultural produce in the market area
with a view to preventing adulteration thereof. 36. Incidental, Market Service,
Weighment and delivery of Agricultural Produce Fees
(1) The fees payable to licensed commission agents, brokers,
weighment measures, surveyors, warehousemen, palledars, transporters and
other persons operating in market area in connection with sale and
purchase of agricultural produce shall be such as may be specified in the
bye-laws of the committee. (2)
The fee payable in connection with weighment and delivery of Agricultural
Produce under clause (ii) of sub-section (2) of section 80 of the Act
shall be such as may be determined by the Government from time to time. 37 (I) The Marketing Committee to
provide for certain matters
After paying all sum due to the Government or Board, a marketing
committee shall so far as the funds at its disposal permit, and subject to
section 55 and all other provisions of the Act and these rules, and with
previous approval of Vice-Chairman of the Board, provide: (a)
for the maintenance and improvement of any
enclosure or building which may constitute the market; (b)
for the construction and repair of building and
other erections necessary for the purpose of the market; (c)
for undertaking development and for providing
amenities in the market; (d)
for the health, convenience and safety of the
persons using the market; (e)
for undertaking welfare activities in the interest
of the servants of the Marketing Committee or the agriculturists in the
market area; (f)
for undertaking propaganda and development of
marketing of declared / notified agricultural produce; (g)
for miscellaneous expenses not exceeding one
percent of its total income in a year, so however, that such expenses do
not exceed rupees ten thousand at a time; (h)
for such other activities as would be conductive
to the furtherance of the efficient working of marketing of declared /
notified agricultural produce in the market area; and (i)
for depreciating on wasting assets owned by the
marketing committee including dead-stock, furniture, fixture, machinery
and other things. 37. (II) Duties of Marketing
Committee
A marketing committee shall furnish all information that the
Vice-Chairman of the Board or the officers duly authorised by him may
require. In addition to the duties prescribed by the Act, rules and
bye-laws made there-under a marketing committee shall also be responsible
for: (a)
maintenance of proper checks on all receipts and payments of its
officers; (b)
proper execution of all works chargeable to the market fund; (c)
keeping a copy of the Act and other Rules and the notifications
issued there-under, and of its bye-laws, open to inspection free of charge
at its office; and (d)
doing such other things as may, from time to time, be necessary for
the efficient working of the Marketing Committee. III.
On failure of the Marketing Committee to furnish any information or
return on due dates, the Vice-Chairman of the Board may, after giving due
notice to the marketing committee, depute any person working under him, to
prepare the return or returns and submit it to them or him. The Chairman
and the Secretary of the committee shall furnish to such persons
information necessary for preparing such return or return. The expenses
incurred by the Board, in getting such return or information shall be
borne by the marketing committee and shall be recoverable from the
marketing committee. |
|
CHAPTER VI LEVY AND COLLECTION OF
MARKET FEE 38.
Levy or collection of fee on the sale of the Agricultural Produce (1)
It shall be the responsibility of marketing committee to realise the
market fee of the amount as may be determined by the government under
section 62 of the Act from the purchaser through commission agent or
otherwise. If it is realised by commission agent, he will pay the fee as
per provision of section 65 and the bye-laws made under the Act. (2)
Where the agricultural produce is not brought or sold through a commission
agent, the market fee shall be paid by the traders. (3)
The market fee levied under section 62 and the fee payable in connection
with weighment and delivery of agricultural produce under clause (ii) of
sub-section (2) of section 80 of the Act shall be paid to the officer of
the committee duly authorised to receive the payment on the day of
transaction or on the next working day within the hours fixed by the
committee. (4)
A receipt of Form ‘K’ shall be granted by the aforesaid officer
forthwith to the person making payment in respect of the said fees. (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)
Market fee shall not be levied and collected in the same market area again
in relation to the notified agricultural produce in respect of which such
fee has already been levied and collected. (7)
For the purpose of this rule, notified agricultural produce shall be
deemed to have been sold in a market area: (a)
if it is leaving market or market area unless contrary proved; (b)
if the agreement of sale thereof is entered into in the said area;
or (c)
if in pursuance of the agreement of sale the agricultural produce
is weighed in the said area; or (d)
if in pursuance of the agreement of sale the agricultural produce
is delivered in the said area to the purchaser or the some other person on
behalf of the purchaser; or (e)
if in the case of any transaction two or more of the acts mentioned
in sub-rule (7) have been performed within the boundaries of two or more
market areas, the market fee shall be payable to the committee within
whose jurisdiction the agricultural produce has been weighed in pursuance
of the agreement of sale or, if no such weighment has taken place, to the
committee, within whose jurisdiction the agricultural produce is
delivered. 39. Account of transaction
and of fees to be maintained (1)
Every licencee commission agent shall submit to the committee a return in
form ‘L’ showing his purchases and sales of each transaction of
agricultural produce on the day of transaction or on the following day or
the date specified under bye-law.
Provided that in case of a dealer, who exclusively deals in fruits
and vegetables, it should not be necessary to fill in Form ‘L’ the
particulars of the person to whom the quantity of fruits or vegetables
less than one quintal or the monetary value of which less than five
hundred rupees whichever is less, is sold;
Provided further that a commission agent who sends one copy of Form
‘J’ to the committee, will be exempted from sending Form ‘L’ to
the marketing committee and the buyer shall indicate in Form ‘L’ only
the total quantity and the gross value in respect of each commodity
purchased from each seller. (2)
The committee shall maintain a register showing the total purchases and
sale made by the dealers and the fees recoverable and recovered from them. (3)
If any trader or commission agent fails to submit a return of any period
as prescribed in sub-rule (10 or the marketing committee has reasons to
believe that any such return is incorrect, it shall after giving notice in
Form ‘M’ to the dealer or commission agent concerned may authorise any
officer to inquire and after holding such enquiry as the officer may
consider necessary, shall place the case before the committee for
proceeding to assess the amount of business of trader or commission agent
during the period in question. (4)
If any trader / broker or commission agent habitually makes default in the
submission of returns or if in the opinion of the committee he habitually
submits false return, the committee may order for the inspection of the
trader / broker or commission agent accounts. (5)
After an order under sub-rule (4) is made, the committee shall inform the
trader or commission agent as the case may be, of the date and place fixed
for the inspection. (6)
The committee may authorise one or more of its members to carry out the
inspection ordered by it under sub-rules (4) and (5). Such member or
members shall be assisted by the Secretary of the committee or such
employees of the committee as may be deputed for that purpose. (7)
Such member or members may after inspection prepare a return or may amend
the return already furnished on the basis of transaction, appearing in the
trader’s account books, and the committee may levy a fee after
assessment as may be specified in the bye-laws. /If the account books are
reported to be unreliable, or are not providing sufficient material for
proper preparation or amendment of the return or if no such books are
maintained or produced, the committee may assess the amount of the
dealer’s business on such information as my be available or on the basis
of best judgment and may levy fee as may be specified in bye-laws on the
basis of such assessment.
Provided that before finalising any such assessment, the commission
agent concerned will be given a reasonable opportunity of showing cause as
to why the assessment should not be finalised.
(8) Habitual default in the submission of return and habitual
submission of false return shall be sufficient ground for suspension or
cancellation or refusal to renew a licence, and the provision of this rule
shall apply in addition to and without prejudice to any other law, penal
otherwise, applicable to non-compliance or defective compliance with any
duty imposed upon a dealer by the Act or by these rules, or bye-laws or
order of a committee. (9)
As assessment made under sub-rules (7) and (8) shall be communicated to
the concerned functionary by means of a demand notice in Form ‘N’ and
a copy of the assessment order may be given to him on his making written
application and paying prescribed copying fee to the committee. (10)
The copy shall be prepared in the office of the committee and certified to
be correct by the Secretary or in his absence by any other person
appointed in this behalf by the Chairman. Such certificate shall give the
dates on which the application was received and the copy prepared and
delivered to the applicant, and shall be conclusive evidence of the
correctness of these duties. (11)
The amount of the market fee assessed under sub-rule (7) and (8) above,
less than sum, of any, already paid, shall be paid by the commission agent
within fifteen days from the date of the receipt of the assessment order
by him. (12)
If any commission agent fails to pay the amount of market fee as required
by sub-rule (11), he shall, in addition to market fee due, be liable to
pay simple interest on the amount so due at two percent per month from the
date immediately following the last date for submission of return up-to
the date of assessment under sub-rules (7) and (8) and at the rate of
three percent per month thereafter till realisation. 40. Procedure of Appeal (1)
Any commission agent aggrieved by an order of an assessment made under
section 66 read with sub-rule (7) and (8) of rule 39 may appeal to the
Director within thirty days of the receipt of such order along-with all
documents and a memorandum setting forth the grounds on which appeal is
preferred with court fee of rupees ten affixed on it. (2)
The Director shall consider the appeal and pass orders in conformity with
the provision of section 67 of the Act within reasonable time which shall
be final and binding up on the commission agent and the marketing
committee. 41.
Inspection of accounts of licence
Every licence and person exempted under rule 20 from taking a
licence working within the market area shall, on demand by the Secretary
or Chairman of the Committee or any officer of the Board authorised by the
Vice-Chairman of the Board in this behalf, shall keep one for inspection,
produce all or any of the forms or account books maintained by him in
respect of the sale, purchase, storage, transportation or processing of
notified agricultural produce in his possession and his office
establishment god-own, vehicle for inspection and examination at such time
and at such place as he may be required and shall, if required by any of
the inspection officers, hand over any or all of the said forms, or books
against a receipt. 42. Preservation of the
prescribed forms The
counterfoils of forms ‘J’ and ‘L’ shall be preserved by the dealer
concerned for a period of two years from the date of issue of the Form. |
|
CHAPTER VI MISCELLANEOUS 43. Power to order production of
accounts, power of entry, inspection, seizure and stopping vehicles
(1) Subject to the provisions of section 17, 56, 57 and 58 any
officer of the Board not below the rank of Secretary, marketing committee,
authorised in this behalf in writing may require any person to produce
before him the books and other documents maintained by him and to furnish
any information relating to the purchase, sale, storage or processing of
notified agricultural produce and also such other information relating to
the payment of the market fee by him as may be necessary. (2) All accounts and registers
maintained by any person and documents relating to the purchase, sale,
storage or processing of agricultural produce, in his possession, and his
office, establishment, go-down or vehicle shall be open to inspection at
all reasonable time by the officers authorised in sub-rule (1). (3)
If such officer has reasons to believer that nay person has evaded or
attempting to evade the payment of market fee due from him or that any
person has purchased notified 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 persons as may be necessary and
shall grant a receipt for the same and shall retain the same only so long
as they may by necessary for examination thereof or for the prosecution of
the person concerned. (4)
Such officer if subordinate to the Vice-Chairman of the Board shall
forthwith report the seizure to the Vice-Chairman. (5)
At any time when so required by the Director or by any officer of the
Board not below the rank of secretary marketing committee, the driver or
any other person incharge of any vehicle, vessel 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, and keep it stationary as
long as may reasonably be necessary and allow such officer to examine the
contents / 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 of the owner of the agricultural produce
carried in such vehicle or other conveyance. 44. Composition
(1) The amount realised by way of composition shall be in addition
to any amount due from the offender under the Act or these rules or the
bye-laws. (2)
In the case of late payment of market fee if the Chairman of the committee
is satisfied that it was due to unavoidable circumstances beyond the reach
of the concerned person, he may condone the violation committee.
Provided that the market fee is
deposited with the committee not later than four days from the day of
transaction. 45.
Penalties The marketing committee or its
Secretary may by order impose penalty
on any person contravening any provision of bye-laws which may
extend to five thousand rupees :
Provided further that no penalty shall be imposed against a person
without affording him an opportunity to show cause. 46.
Interest
payable by buyer Subject
to the provision of sub-section (3) of section 116 of the Act, if any
purchaser fails to make payment to the tenderer forthwith as required
under sub-section (6) of section 61 of the Act, he will be liable to pay
to the tenderer interest from the date of sale to the date of payment at
such rates not being in excess of the maximum rate of interest fixed for
unsecured loan by banking institutions. In case the payment is not made
within thirty days from the date on which the agricultural produce is sold
by the tenderer, the principal and interest thereon shall be recoverable
by the marketing committee from the purchaser as an arrear of land
revenue. 47. Administrative Report
At the end of each financial year, every marketing committee shall
prepare an annual administrative report which shall contain accounts of
receipt and expenditure balance sheet of assets and liabilities and other
such information as may be required by the Director and Vice-Chairman of
the Board by general or special order issued from time to time and submit
on or before 30th June, to such officer as may be specified by
the Director / Board, in that behalf. 47.
Condition
subject to which a committee may borrow loan from Government and grant
loan to another Committee Subject to the provision of
section 72 of the Act, a marketing committee may obtain loan from
Government or from any other marketing committee and also grant loan to
another Marketing Committee with the previous approval of the Board.
The loan so granted shall be regulated, by the following general
conditions: (1)
A specific term should be fixed which should be as short as
possible, within which the loan should be fully repaid with interest due.
The term may in very special cases extended to thirty years; (2)
The term is to be calculated from the date on which the loan is
completely drawn; (3)
The repayment of loans should be effected by installment, which
should ordinarily be fixed on annual basis, due dates of payment mentioned
in the agreement; (4)
Installments paid before the due date will be taken entirely to
principal unless any interest for a preceding period is overdue; (5)
The interest shall be charged on the loan at the rate prescribed by
the Board; Provided that a loan shall bear interest for
the day of payment but not for the day of repayment; (6)
When a loan is taken out in installments, each installment of the
loan so drawn shall be treated as a separate loan for purposes of
repayment of principal and payment of interest thereon except where
various installments drawn during a financial year are, for the purpose,
allowed to be consolidated into a single loan as at the end of that
particular financial year. In the latter event, simple interest at the
prescribed rate on the various loan installments from the date of drawl of
each installment to the date of their consolidate drawl shall be
separately payable by the borrower; (7)
The committee may obtain loan from Government at such term and
conditions as may be determined by the Government and specified in
agreement. 49. Copies of documents etc. The marketing committee or the
Board may on the application made in that behalf supply to the applicant a
copy of the decision, orders or resolutions of the Board or of the
committee or their officers on payment of rupees one per page or a part
thereof subject to a minimum of rupees five;
Provided that in the cases where in an appeal, inspection or record
is deemed necessary, the petitioner may apply to the Director,
agricultural marketing for permission of such inspection and if this is
allowed by him, the petitioner shall pay a fee of rupee one per case to
the concerned agency to which these documents relate. 50. Preservation of records
The following records of the Board and the marketing committee
shall be preserved for the period noted against each - |
|
Description
of Record 1 |
Period 2 |
|
Budget |
Five
Years |
|
General
Cash book |
Permanently |
|
Establishment
bill |
Thirty
five years |
|
General
bills |
three
years |
|
Balance
Sheet |
Ten
years |
|
Ledger |
Ten
years |
|
Register
of deposits |
Permanently |
|
Application
form “A” |
Permanently |
|
Other
application forms |
Three
years |
|
Returns
of daily (Form ‘L’) |
Five
year after audit |
|
Purchases
and sale / receipt books |
Three
years |
|
Register
of sale and purchase of agricultural produce |
Ten
years |
|
Register
of licence |
Ten
years |
|
Provident
fund register |
Ten
years or till accounts to which it relates are closed. |
|
Service
books of employees |
Five
years after retirement or death (whichever is earlier) |
|
Register
of proceedings of the Board or committee or sub-committee |
Permanently |
|
Register
of correspondence |
Permanently |
|
Cheque
books |
Ten
years |
|
Traveling
allowance bill |
Three
years |
|
Lease
deeds |
Ten
years from the date they cease to have effect |
|
Security
bonds |
Ditto |
|
Treasury
challans |
Three
years |
|
Imprest
account register |
Three
years |
|
Attendance
register |
One
year |
|
Movable
property register |
Ten
years |
|
Library
register |
Ten
years |
|
Demand
and collection register |
Ten
years |
|
Register
of stamps |
Three
years |
|
Stock
register |
Ten
years |
|
Register
of court cases |
Ten
years |
|
Investment
register |
Permanently |
|
Files
about the appointment, removal and dismissal of employees |
Thirty
Five years |
|
The
record which the Board or committee may decide to preserve for more than
three years |
Such
period (not less than ten years) as may be prescribed by the Board or the
committee. |
|
51.
Marketing Committee of National Importance
These rules, so far as they are not in consistent with the
provisions of chapter V of the Act and relatable to the matter specified
therein, shall apply for the purposes of carrying out, execution and
implementation of the affairs of the marketing committee of the market of
national importance established under section 26 of the Act. 52.
Violation of Rules punishable
Any person who violates or contravenes may provision of these rules
shall, on conviction be punishable with fine which may extend to five
thousand rupees. 53. These
rules shall supersede the Delhi Agricultural Produce Marketing
(Regulation) (General) Rules, 1978. |
