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State of Rajasthan - Section

Section 72 in The Rajasthan Agricultural Produce Markets Rules, 1963

72. Licensed 'B' class brokers, weighmen, measurers, surveyors, [Chemical Composition Analysts] [Inserted by Notification No. F. 4(77)/Agriculture/Group-2/2003, dated 23.3.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 27.3.2007, p. 129(1), vide G.S.R. 78 = 2007 RSCS/Part II/P. 549/H. 484.] warehousemen and such other operators as may be determined by the Director.

(1)[Subject to the provision of section 4 and section 14 of the Act] [Inserted by Notification No. F. 10(40)/Agriculture V/63, dated 16.11.1964-Rajasthan Gazette, Extraordinary, Part IV-C, dated 16.11.1964.] no person shall do business as 'B' class broker or weighman or measurer or surveyor or warehouseman [or Chemical Composition Analysts] [Inserted by Notification No. F. 4(77)/Agriculture/Group-2/2003, dated 23.3.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 27.3.2007, p. 129(1), vide G.S.R. 78 = 2007 RSCS/Part II/P. 549/H. 484.] or operator in any other manner in any [market area] [Inserted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Rajasthan Act 10 of 1975] except under a licence granted by the [market area] [Inserted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Rajasthan Act 10 of 1975.] committee.
(2)Any person desiring to hold such licence shall [make an application in Form VII] [Substituted by Notification No. F. 10(110)/Agriculture 5/65, dated 28.5.1966-Rajasthan Gazette, Extraordinary, Part IV-C, dated 28.5.1966, dated 28.5.1966.] for a licence to the Market Committee and shall pay such a fee as may be specified in the bye-laws, subject to the maximum of Rs. 40/- if he is a 'B' class broker, Rs. 15/- if he is a warehouseman [or Chemical Composition Analysts] [Inserted by Notification No. F. 4(77)/Agriculture/Group-2/2003, dated 23.3.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 27.3.2007, p. 129(1), vide G.S.R. 78 = 2007 RSCS/Part II/P. 549/H. 484.] Rs. 10/- if he is a weighman, surveyor, measurer or any other operator.
(3)[ On receipt of such application together with the proper amount of the fee, the Market Committee may, after making such enquiries as may be considered necessary for the efficient conduct of the market area and after obtaining the following, grant him a permanent licence in Form VIII subject to the conditions specified therein : -
(i)On obtaining the recommendation from a person holding licence under Rule 69,
(ii)On considering the conduct of the applicant.]
(4)Notwithstanding anything contained in sub-rule (3), the committee may refuse to grant a licence to any person [who has been declared insolvent by a competent court] [Inserted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Rajasthan Act 10 of 1966.] or in the case of a renewal of licence, if the conduct of the person is found to be detrimental to the efficient functioning of the [market area] [Inserted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Rajasthan Act 10 of 1966.]; or if the person has not worked in the market area for more than a week without a valid reason [x x x] [Omitted by Notification No. F. 10(110)/Agriculture 5/65, dated 28.5.1966-Rajasthan Gazette, Extraordinary, Part IV-C, dated 28.5.1966, dated 28.5.1966.].
(5)The licence shall remain in force from the date on which it is granted till 31st of March following and may be renewed [upto a maximum period of five years] [Substituted by Notification No. F. 10(19)/Agriculture/Group II-B/78, dated 12.3.1987-Rajasthan Gazette, Part IV-C, dated 9.4.1987, p. 24, dated 12.3.1987.] thereafter on a written application and after such inquiries as are referred to in sub-rule (3) as may be considered necessary and on payment of fees prescribed in the bye laws.
(6)The Market Committee, may, by a resolution cancel or suspend licence granted to any 'B' class broker, weighman, measurer or surveyor or warehouseman [Chemical Composition Analysts] [Inserted by Notification No. F. 4(77)/Agriculture/Group-2/2003, dated 23.3.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 27.3.2007, p. 129(1), vide G.S.R. 78 = 2007 RSCS/Part II/P. 549/H. 484.] [or any other person operating] [Substituted Inserted by Notification No. F. 10(110)/Agriculture 5/65, dated 28.5.1966-Rajasthan Gazette Extraordinary, Part IV-C, dated 28.5.1966. ] in the [market area] [Inserted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Rajasthan Act No. 10 of 1975.] if he contravenes any of the conditions of his agreement of licence or the provisions of rules or byelaws or if in the opinion of the [market area] [Inserted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Rajasthan Act No. 10 of 1975.] committee his continuance as a licence holder is likely to be detrimental to the working of the [market area] [Inserted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Rajasthan Act No. 10 of 1975.]Provided that no order cancelling the licence or suspending it for a period exceeding six months shall be passed without the previous approval of the Director.