Section 15D in The Rajasthan Agricultural Produce Markets Act, 1961
15D. Terms and procedure of buying and selling.
(1)Except in case of a transaction between two traders, any person who buys agricultural produce in the market area shall execute an agreement in triplicate in such form, as may be prescribed in favour of the seller. One copy of the agreement shall be kept by the buyer, one copy shall be supplied to the seller and the remaining copy shall be kept in the record of market committee.(2)(a)The price of the agricultural produce brought in the principal market yard or sub-market yard or private sub-market yard shall be paid on the same day to the seller in principal market yard or sub-market yard or, as the case may be, private sub-market yard. Payment of agricultural produce purchased out of such yard or yards shall also be made to the seller, if he is not a trader, on the same day.(b)In case purchaser does not make payment as specified under clause (a), he shall be liable to make payment within five days from the date of purchase with an additional amount at the rate of one percent per day of the total price of the agricultural produce payable to the seller.(c)In case the purchaser does not make payment as specified in clause (b) within the said period of five days, his licence shall, without prejudice to his liability under any other law, be deemed to have been cancelled on the sixth day and he shall not be granted any licence or permitted to operate in a market as any other functionary under this Act for a period of one year from the date of such cancellation.(3)No wholesale transaction of agricultural produce shall be made directly by any traders with producers of such produce except, in the principal market yard or sub-market yard or private sub-market yard, and in accordance with the provisions of this Act or the bye-laws made thereunder :Provided that agricultural produce produced under contract farming may be bought directly by contract farming buyer anywhere.(4)The commission agent shall recover his commission including all expenses as may be incurred by him in storage of the produce and other services rendered by him only from his principal trader at such rates as may be specified in the bye-laws.(5)Every commission agent shall be liable -(a)to keep the goods of his principal in safe custody without any charge, and(b)to pay the principal, as soon as the goods are sold, the price thereof irrespective of whether he has or has not received the price from the buyer of such goods.][16. Appeals. - (1) Any person aggrieved by an order -(a)of market committee refusing to grant or renew a licence, or cancelling or suspending a licence, may appeal to the Director;(b)of the Chairman or Secretary, suspending a licence, may appeal to the Director;(c)of the Director cancelling or suspending a licence may appeal to the Government.(2)All appeals shall be filed within thirty days from the date on which the order is communicated to the person aggrieved by such order.(3)The Government or the Director, as the case may be, may, for reasons to be recorded in writing, stay the operation of the order appealed against pending the final decision.(4)The Government or the Director shall decide the appeal after giving the authority against whose order the appeal has been filed, a reasonable opportunity of showing cause why the appeal should not be accepted.] [Substituted by section 7 of Rajasthan Act No. 15-A of 1973 - Published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 14.7.1973.]
