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State of Maharashtra - Section

Section 7 in The Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967

7. Licences to warehouseman, measurer, surveyor, processor, weighman etc.

(1)Any person desiring to operate in any market area as a processor, weighman, measurer, surveyor, warehouseman or in any other capacity in relation to the marketing of any declared agricultural produce shall make an application in writing in the form prescribed by the Director or the bye-laws for the grant of a licence or renewal thereof, as the case may be, to the Director (where a Market Committee has not yet started functioning) and in any other case, to the Market Committee along with the fee prescribed in this behalf by bye-laws, if any, such fee not being in excess of maximum fees per market year indicated below, namely :-
Category of Licence Maximum fees to be charged per market year
  Rs.
(a) Weighman or measurer 10
(b) Surveyor 15
(c) Warehouseman 15
(d) Processor 100
(e) Carting and Clearing Agent 25
(f) Assistant to trader/commission agent/broker 5
(g) Assistant to carting or clearing agent 5
(h) Hamal 3
(i) Others 5
(2)On receipt of an application together with the proper amount of fee, the Director, or as the case may be, the Market Committee may, subject to the provisions of rule 5 and this rule after satisfying himself or itself on the following points, grant the applicant the licence applied for in the form provided by sub-rule (3) or, as the case may be, renew it in that Form, namely :-
(i)[ Character of the applicant as it appears from the certificate of character given by any Gazetted Officer or a member of the State Legislature.] [Modified as per Government Notification No. APM. 1167/25332-(Part III)-C-1, dated 18th February, 1971, published in M.G.G., on 27th May, 1971, p. 868.]
(ii)The work done by the applicant in the market area in case where the licence is to be renewed.
(2A)[ An application for the renewal of a licence shall be made before 31st August of the year in which the period of the licence is due to expire. It shall be competent for the Market Committee to accept an application made after the said date on payment of a late fee of rupee one per day of default.] [Sub-rule (2A) was inserted by G. N. of 7.6.1990.]
(3)The Director or, as the case may be, the Market Committee shall, when he or it decides to grant a licence, grant the market functionary specified below a licence in the Form indicated opposite to him; and it shall be lawful to the Director or, as the case may be, the Chairman to issue such licences under his signature :-
Market functionary Form
1. Weighman or Measurer 2
2. Warehouseman 3
3. Processor, Surveyor, Carting and Clearing Agent 4
4. Assistant to Commission Agent, Trader, Broker, Carting,Clearing Agent and Processor 5
5. Hamal 6
6. Others 7
(4)The applicant, on a licence being granted, shall execute an agreement in such form as may be approved by the Director or under the bye-laws, agreeing to abide by the provisions of the Act, these rules and the bye-laws.
(5)The licences shall be valid for the persons in whose names they are issued and shall not be transferable. Licences shall also be liable for cancellation or suspension for a breach of these rules or bye-laws and the licensee shall be informed of such suspension or cancellation and the reasons therefor.
(6)Notwithstanding anything contained in sub-rule (2), a Market Committee may for reasons to be recorded in writing, refuse to grant or renew a licence to any person if the conduct of such person is found to be detrimental to the efficient functioning of the market, or where the licence is sought to be renewed, the person has remained absent without permission of the Market Committee continuously for more than a month without any valid reason. If any licence is not granted or renewed, the applicant shall be informed of the same and the reasons therefor and the licence fee, if paid, shall be refunded to the applicant.
(7)The licence shall be granted or renewed for a period ending on the 30th September next following the date on which it is granted, or as the case may be, renewed.
(8)Each Market Committee shall maintain a register in such form as the Director may by general or special order, specify in this behalf containing the names of all market functionaries licensed under this rule.