[Cites 0, Cited by 0]

State of Madhya Pradesh - Act

The M.P. Krishi Upaj Mandi (Special Licence for more than one Market Areas) Rules, 2003

MADHYA PRADESH
India

The M.P. Krishi Upaj Mandi (Special Licence for more than one Market Areas) Rules, 2003

Rule THE-M-P-KRISHI-UPAJ-MANDI-SPECIAL-LICENCE-FOR-MORE-THAN-ONE-MARKET-AREAS-RULES-2003 of 2003

Published on 1 January 2003
Commenced on 1 January 2003
[This is the version of this document from 1 January 2003.]
[Note: The original publication document is not available and this content could not be verified.]

The M.P. Krishi Upaj Mandi (Special Licence for more than one Market Areas) Rules, 2003Published vide Notification No. D-15-20-2003-14-3, dated 13/16-2-2004, M.P. Rajpatra (Asadharan), dated 16-2-2004 at page 96 (18-36)In exercise of powers conferred by sub-section (1) and clause (vi) of sub-section (2) of Section 79 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973), the State Government hereby makes the following rules the draft of which having been previously published as required in sub-section (1) of the said section, namely :-Chapter-I Preliminary

1. Short title.

(1)These rules may be called the Madhya Pradesh Krishi Upaj Mandi (Special Licence for More Than One Market Areas) Rules, 2003.

(2)They shall come into force on such date as the State Government may by notification appoint.

2. Definitions.

- In these rules, unless the context otherwise requires,-

(1)"Act" means Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 year 1973);

(2)"Section" means a Section of the Act;

(3)"Director" means the Director and includes the "Managing Director" of the Madhya Pradesh State Agricultural Marketing Board appointed under the Act;

(4)"Additional Director" means Additional Director of the Madhya Pradesh State Agricultural Marketing Board appointed under the Act;

(5)"Deputy Director" means Deputy Director of the Madhya Pradesh State Agricultural Marketing Board appointed under the Act;

(6)"Notified authority or Officer" means such authority or officer as may be notified by the State Government to grant or renew the special licence under these rules;

(7)"Primary transaction" means the bringing of the notified agricultural produce by any farmer or trader in the market area for the first time for sale-purchase, storage, or processing on which due market fees has not been recovered in any market area. The transaction made between producer of the agricultural produce and the trader for the first time will be deemed to be the primary transaction and the responsibility to make the payment of market fees on that agricultural produce shall lie on the purchaser trader;

(8)"Secondary transaction" means transaction made in connection with commercial transactions by traders or agency for sale to consumers, after sale or purchase of any notified agricultural produce in market yard or any market area by auction or bargain and the payment of fee on such notified agricultural produce has already been made to Market Committee of other market area and the information of it has been given to the concerned Market Committee of the area in such form as prescribed in the bye-laws;

(9)"Commercial transaction" means any transaction made by traders for sale, purchase, processing for ancillary sale, purchase, storage or sale to consumers of agricultural produce within the market yard or out of market yard, within the market area or out of market area, within the State or out of the State, in which the payment of market fees has already been made to any Market Committee of the State and information pertaining to payment of market fees has been submitted to concerned Market Committee in prescribed form;

(10)"Form" means a form appended to these rules;

(11)"Misconduct" means wilfully not to receive or refuse to receive, information sent by State Government, Managing Director, Collector or Authorised Officer, Deputy Director, Market Committee or disobey, the order/direction issued by Board, Managing Director or the authorised Officer, Market Committee or non-submission of required information in the time limit or submission of incomplete or incorrect information;

(12)"Specified market area" means such area of Market Committee which has been declared for business of notified agricultural produce for the licence holder under Section 32-A;

(13)"Specified purchase centre" means the purchase centre established by the licence holder in the specified market area for the business of the notified agricultural produce;

(14)"Special Licence" means the licence issued by notified authority or officer under sub-section (2) of Section 32-A for the business of notified agricultural produce;

(15)"Centre Incharge" means the Secretary of the Administrative Market Committee or the Officer/ Employee posted by the Deputy Director, for proper regulation and control of notified agricultural produce at the purchase centre of specified market area;

(16)"Administrative Market Committee" means the Market Committee constituted under Section 11 which has been vested full power to control the marketing of notified agricultural produce in the declared specified market area for special licence holder market functionary under Section 32-A;

(17)The words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Act.

Chapter II

3. Notified authority.

(1)The State Government shall notify the Authority or Officer for the purpose of granting, renewing or refusing to grant the special licence.

(2)The person, who intends to do business of notified agricultural produce in more than one market areas under Section 32-A, will have to obtain special licence from the notified authority/officer :Provided that the special licence will be granted only to the person for doing the business of notified agricultural produce in more than one market areas under the conditions, that he will purchase atleast 100000 (one lac) tonnes of notified agricultural produce from the producers in a financial year.Chapter-III Issue of Special Licence

4. Licence Fees.

- The licence fee as under shall be payable by the applicant for the concerned function alongwith the prescribed application,-

(a)	Trader/Processor/Commission Agent/Surveyor/Warehouseman/Godown Keeper	Rs. 2,00,000/-(Rupees two lakhs)
(b)	Broker/Transporter Rs.	20,000/-(Rupees twenty thousand)
(c)	Weighman/by Beam Scale	Rs. 5,000/-(Rupees five thousand)
(d)	Weighman/by Beam Scale	Rs. 5,000/-(Rupees five thousand)
(e)	Hammal	Rs. 2,000/-(Rupees two thousand).

5. Application for Licence.

(1)Even person specified in Section 31 of the Act who wishes to operate in more than one market areas shall apply in the prescribed Form I to the notified authority/officer under Rule 3 for licence. Application Form will be provided by Store section of the Board Head Quarter on payment of prescribed fee.

(2)The crossed Bank Draft of prescribed licence fee which is payable to Madhya Pradesh Agricultural Marketing Board, Bhopal shall be enclosed with the application form.

(3)The Applicant will necessarily enclose the following documents with the application,-

(i)Bank Guarantee, which is signed/committed by applicant in favour of notified authority/officer.

(ii)The list of the market areas for purchase of notified agricultural produce in more than one market areas and their separate layout, storage site, capacity of the godown, address of the office and the name/father's name of all the workers posted in every market area alongwith their official capacity.

(iii)Name of the applicant trader/processor/commission agent and their partners, particulars of immovable property available in the market areas and the attested photo copy of the documents relating thereto.

(iv)Certificate of the competent authority regarding payment of income tax/commercial tax of last year. The photo copies of the return, balance sheet and audit reports of the accounts of Chartered Accountant for the last year.

(v)List of the Bank Accounts in the specified market areas alongwith verified photo copy of the Bank Accounts.

(vi)Particulars of up-to-date available working capital/permanent fund/share capital for doing business of notified agricultural produce.

(vii)No dues/No objection certificate of the Secretary of the concerned Market Committees of the specified market areas.

(viii)Declaration on Form II.

(ix)Money Receipt of security deposited in the accounts section of the Board in the form of cash/bank guarantee.

6. Procedure regarding special licence.

(1)Incomplete application will not be accepted and the shortcomings/defects will be informed to the applicant in writing within the period of seven days. If the short-comings/defects shown in the application are not removed within 15 days by the applicant, then such application will automatically be rejected and no further action will be taken by the notified authority/officer.

(2)After scrutiny of the application received, for special licence by the notified authority/officer, such enquiry may be made as is deemed necessary regarding mentioned market areas and purchase centers from Secretary tit concerned Market Committees and Divisional Deputy Director. The notified authority or officer shall have power to delete or amend any market area or purchase centre from the application for special licence.

(3)The notified authority/officer may grant or renew the special licence within the period of 60 days of receipt of application or may refuse to gran or renew the licence for the reasons to be recorded in writing.

(4)In case of non-acceptance of application received for special Licence, the licence fees and amount of other security deposit, will be refunded to the applicant within 15 days.

(5)Special Licence granted will be effective only in the market areas and on purchase centres specified in the licence. Sale-purchase of notified agricultural produce in other market area and on other purchase centre, will be treated as contravention of rules :Provided that the purchase of notified agricultural produce in the market/sub-market yards of the specified market area by the special Licence holder/trader and the purchase-sale of notified agricultural produce under commercial-transaction may be made, like other licence holder/trader of the market, under the provisions of the Act, rules and bye-laws. The provisions prescribed in the bye-laws will be equally applicable on the holder of special licence for all such purchase, sale, processing.

7. Security.

- The notified authority/officer will always examine that the applicant does not purchase notified agricultural produce beyond the value of the daily purchase capacity as mentioned in his declaration form and if the licence holder purchases more than the limit declared by him, then the licence holder for the excess of purchases over and above the daily purchase capacity, will produce the amount of additional security immediately. The notified authority/officer will have the power to prohibit the purchase and despatch of such produce in the concerned specified market areas and direct the Secretary of the concerned market area to prohibit immediately the purchase and despatch of the notified agricultural produce of the such licence holder:Provided that it will not be necessary, for the undertaking of the State Government, to deposit amount of security with the application for special licence to do business of notified agricultural produce, in more than one market areas:Provided further that it will be necessary for such undertaking to make payment of notified agriculture produce to sellers of their agricultural produce under the provisions of Section 37.

8. Disposal of the Security.

(1)The amount of security deposit in the form of FDR or Bank Guarantee by the licence holder will remain deposited in the Board account. If the payment of the due market fees and Nirashrit Shulk is not made by the licence holder, then due payment from balance amount of the FDR/Bank Guarantee and Security given under Rule 7, will be recovered alongwith the interest by the notified authority/officer. The remaining amount of security deposit in the board as Cash, FDR or Bank Guarantee will be refunded to the applicant on demand on receipt of No Dues/No Objection Certificate, from the Secretaries of the specified market area.

(b)If the licence holder desires to surrender his special licence, then the notified authority/officer after proper inquiry may take decision to refund or not to refund or to refund partly, the security amount deposited. The decision of the notified authority/officer will be final be binding on the licence holder.

9. Period of Licence.

- Originally the period of special licence will be five years from the date of its grant. If the licence holder-

(i)contravenes the provisions of the Act, rules and bye-laws framed thereunder, or

(ii)disobey the directions of the board, Managing Director and the notified authority/officer or the Secretary of Market Committee of the specified area, the licence may be suspended or cancelled at any time before its expiry after giving the opportunity of being heard.

10. Issuance of Licence.

- The licence holder will display the original copy of the licence at the establishment of head quarter of the business and attested photocopy thereof on the associated establishment and purchase center of the specified market area. The attested photocopy of it will also be submitted to the Market Committee concerned of the specified market area.

11. Suspension or cancellation of special licence.

(a)The special licence may be suspended or cancelled by the notified authority or officer, if the licence holder :-

(1)has obtained licence through wilful mis-representation or fraud; or any person acting on his behalf, commits a breach or contravenes any of the terms or conditions of the licence; or

(2)in combination with other licence holders commits any act by which the marketing of any produce has been abstained, suspended or stopped; or

(3)has become insolvent; or

(4)has been proved guilty by the Court, Managing Director or the Mandi Committee under the rules and bye-laws; or

(5)behaves against the interest of any Market Committee, farmers, Board; or

(6)has been proved guilty for misconduct under this Act, rules and bye-laws; or

(7)has not made payment of due market fees, Nirashrit Shulk within the maximum period of 30 days along with the interest; or

(8)has not made payment to the farmers/sellers, of the specified market area of the agricultural produce purchased from them within the prescribed period; or

(9)has made default in payment by not depositing due amount with the Board or the administrative Market Committee within the period mentioned in the notice/demand note; or

(10)has not submitted prescribed periodical returns in the Board or office of the Market Committee, as the case may be within the prescribed time limit; or

(11)has acted against the interest of Board or the Market Committee; or

(12)has engaged unauthorized persons for weighment or Hammal of notified agricultural produce; or

(13)has been found involved in getting more weighed in the weighment of the agricultural produce of the seller putting him to loss; or

(14)has not purchased minimum prescribed quantity of notified agricultural produce as required :Provided that before suspending or cancelling any licence, reasonable opportunity (atleast 15 days) of being heard will be given to licence holder by the notified authority/officer. If within the prescribed time limit the reply of the show-cause notice is not given by the licence holder, it will be deemed that the licence holder has agreed with the charges shown in the show-cause notice and the notified authority/officer will have the power to take ex-parte decision.

(b)On receipt of the reply of show-cause notice, it will be scrutinized by the notified authority/officer. After scrutiny and personal hearing, if licence is suspended/rejected then the order to suspend/reject the licence will be passed by mentioning clear reasons. The copy of the order passed will be sent to the secretaries of all specified market areas and also to the divisional Deputy Director for compliance.

12. Information of refusal, rejection or suspension of licence.

- Information of order to refuse to grant/renew the special licence or suspend or cancel the licence by the notified authority/officer will be given to concerned person by-

(a)delivering a copy of such order to him personally; or

(b)sending to him a copy of order by registered post.

Chapter-IV Appeal

13.

Any person aggrieved by order of refusal to grant special licence or suspension/cancellation of special licence, may prefer an appeal, to the State Government, within 30 days from the date of receipt of order, and the order passed by the State Government, after giving reasonable opportunity of being heard, will be final.

Chapter V
Conditions of Sale-Purchases of Notified Agricultural Produce Under Special Licence

14. Place of Sale.

- Purchase.-Sale, Purchase of notified agricultural produce may be made in more than one market areas by the holder of special licence only in the market areas specified in the licence and in the market/sub-market yards, and at the purchase centres specified in the licence;Provided that the provisions of proviso of sub-rule (5) of Rule 6 will be applicable on the holder of special licence also as well.

15. Execution of Agreement.

(1)The licence holder will execute, by signing an agreement in Form V in triplicate in favour of the seller for the purchase of notified agricultural produce at the purchase centre in the specified market area. One copy of the agreement will be retained by the purchaser, one copy will be given to seller and remaining one copy will be submitted to the Secretary of Market Committee or the centre in charge posted by him.

(2)After execution of agreement the purchaser trade will get the agricultural produce of the seller weighed on the electronic weigh bridge, certified and verified by the Weights and Measures Department.

(3)The sale-voucher in triplicate will be prepared by the purchaser in Form VIII in favour of the seller and by making due payment of value of the produce to the seller, his signatures will be obtained as per agreement.

16. Disposal of complaints of seller regarding payment.

- If any dispute arises between the holder of the special licence and the seller regarding rates, weight, value and/or payment of purchased notified agriculture produce, then a complaint will be submitted to the Secretary of the Market Committee of the concerned market areas and its copy will be given to the Divisional Deputy Director. After proper inquiry of the case, the secretary will dispose off the complaint within the period of seven days, but in case the complaint pertains to the payment of seller, the secretary will immediately take action and inform forthwith to the Managing Director and the notified authority/ officer in writing.

17. Duty of Licence holder.

- The purchaser trader, holding special licence, at the purchase centres of the specified market area, shall,

(a)establish proper and correct electronic weigh bridge as per requirement for the weighment of notified agricultural produce. The operator of the weigh bridge should be licence holder of the Market Committee;

(b)make available necessary facilities such as light, shed, drinking water and proper place for sitting/rest for the sellers;

(c)establish proper payment counter for seller;

(d)fix atleast 3' x 3' size sign board in which the name of purchase centre, name of the licence holder firm, licence number and business shall be mentioned.

18. Recovery of market fees and its payment.

- The payment of the due market fees, and will be deposited in the office of the Market Committee and receipt shall be obtained by the holder of the special licence, on the purchase of every notified agricultural produce in the specified market areas.

19. Despatch, Sale, Processing of notified agricultural produce.

- Only after making full payment of the value of notified agricultural produce purchased at every purchase centre in the specified market areas, to the seller and making payment of market fees and Nirashrit Shulk to the Market Committee, the sale, processing or desptach of notified agricultural produce will be made by the licence holder. For despatch of the agricultural produce the holder of the special licence will have to obtain permit issued by the Market Committee as per provisions of sub-section (6) of Section 19 and the bye-laws.

20. Submission of returns by the holder of special licence.

(1)Periodical returns pertaining to business of notified agricultural produce, purchased in the specified market areas, will be submitted by the licence holder in the office of Market Committee, Divisional Deputy Director and the Board. The licence holder shall submit all records and information, required by the Managing Director and notified authority/officer from time to tune.

(2)The fortnightly returns, regarding business of notified agricultural produce will be submitted by the licence holder to the Secretary of the administrative Market Committee in Form VI. Return tor the period from first to fifteenth upto 25th and from sixteen to the end of the month wilt be submitted upto tenth day of the next month. If fortnightly return is not submitted in the prescribed time limit, then the permits will not be issued by the centre incharge, posted by the Secretary of the Market Committee/Deputy' Director. Without making payment of due market fees on purchase of all notified agricultural produce, the sale, despatch and the processing o agricultural produce will be prohibited.

(3)On the end of every financial year, complete details of business from first April to thirty first March will be submitted by the licence holder to the Secretary of Market Committee upto 30th day of April, every year.

(4)The particulars of daily purchases of the notified agricultural produce at purchase centre of the specified market area will be maintained by the licence holder in a register in Form VII. The licence holder shall get the register inspected by the centre incharge posted at the purchase centre by the Market Committee. The purchase of agricultural produce in the specified market area, other market areas and from outside the State and details thereof shall be according to Annexure I and the fortnightly return regarding sale/despatch as indicated in Annexure II shall be signed by the Officer or representative of the firm as the case may be.Form I[See Rule 5]Application for Licence for Regulation of Sale, Purchase, Processing of notified Agricultural Produce in more than one Market AreasApplication No............Date.......................To,The Notified Authority/Officer..............................................

1. Name of the applicant/firm, address who/which desires to do business in market areas :

2. Name of the Applicant, Father's Name and Full

Address :Telephone No :

3. The Applicant is other than the Individual, then name and address of the firm/Hindu undivided family/company/society, names of all the workers/partners/directors and full address :

Name	Father's Name	Age	Address	Telephone No.	Name of police station
(1)	(2)	(3)	(4)	(5)	(6)

4. If the applicant firm is a company or is a cooperative society, then the registration No. & date.

5. Previous year's Licence No. (If any)

6. Applicant's Commercial Tax No. & TIN No.

Central Commercial Tax Registration No.

7. Applicant's Permanent Account No. of Income Tax (PAN) Photo copy enclosed-Yes/No

8. Name and Account No. of Bank in which the applicant has account.

S. No.	Name of the Bank	Type of Account	Account No.	On the date of application deposit amount in theaccount	Remarks
(1)	(2)	(3)	(4)	(5)	(6)

(Pleas enclose verified photo copy of all the Bank Accounts to certify the available fund in bank account, by the Branch Manager).

9. Capital invested by the applicant, firm, etc. (Please give details).

10. Name of the market areas shown by the applicant in which business is proposed.

S. No.	Name of the Market Area shown	Name of the concerned Market Committee	Estimated Quantity of proposed agriculturalproduce for purchase in the market area show [See Rule 3(2)]
(1)	(2)	(3)	(4)

11. Name of the purchase centres proposed by the Applicant in the shown market area (Please enclose the lay out)

S. No.	Name of the Market Area shown	No. and the name of the proposed purchasecentres in every market area shown	Name of the purchase centre in-charge/Manager,address, Telephone No.	Estimated quantity of agricultural produce forpurchase at the proposed purchase centre	Estimated market value of proposed produce
(1)	(2)	(3)	(4)	(5)	(6)

12. Information of facilities ensured at the purchase centre from the applicant-

(a)Electronic Weighbridge.

(b)Arrangement of Fresh Drinking Water.

(c)Arrangement of sufficient Light & Shed.

(d)Payment Counter/Office

(e)Other facilities which are available :-

(One)

(Two)

(Three)13. Layout of the purchase centre shown in Form No. 11, No. of Godown available and storage capacity. (Please enclose list and give information of the name, etc., of the owner of the godown.)

S. No.	Name of the purchase centre	Available godown	Place of the godown	Name of the owner of godown	Place/position	Particulars of the land, etc. if the land isavailable
(1)	(2)	(3)	(4)	(5)	(6)	(7)

14. How much quantity of notified agricultural produce purchased last year at the approved purchase centres as per Point No. 10 & 11 (Enclose the list)

S. No.	Name of the Market	Name of the purchase centre	Quantity of the agricultural produce purchased	Value of the produce
(1)	(2)	(3)	(4)	(5)

15. List of the persons/servants authorised to work for the business of notified agricultural produce at all the purchase centres from the applicant firm.

S. No.	Name	Father's Name	Address	Telephone No.	Allotted work and fixing of responsibility (Incase of any change in the allotted work, the information will begiven to the administrative Market Committee)	Designation/Capacity in the Firm' Company/Societyas owner/partnership/ Director/Manager, etc.	Specimen Signatures (two)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

16. List of the main place of business, head office, main office and branches of the company/firm/ society-

S. No.	Main Place of business	Head Quarter/ Office	Name/ Address of branches	Name of branch incharge, address, telephone No.Office/ Residence	Name of Head of the office, address/TelephoneNo. Office/ Residence
(1)	(2)	(3)	(4)	(5)	(6)

17. Does the Applicant wish to purchase in the specified market/sub-market yard of more than one market area. If yes, then-

S. No.	Name of the Market Committee and themarket/sub-market yard	Particulars of godown/shop available inmarket/sub-market yard
(1)	(2)	(3)

18. Is or has been in past, the applicant, a licence holder of any Market Committee of the State ? If yes, then give details :-

S. No.	Name of the firm and the Market Committee	Licence Year	Type of the Licence	Quantity and value of the notified agriculturalproduce purchased last year in..	Market fee paid
(1)	(2)	(3)	(4)	(5)	(6)

19. (One) Has the Licence been suspended or cancelled during the past five years by any Market Committee?

(Two)Has any Penalty been imposed by Market Committee ? If Yes, then given reasons :-

20. Names of notified agricultural produce for the business of which Licence is required.

21. Total (estimated) quantity of the notified agricultural produce to be purchased at every purchase centre, shown/specified by the applicant:

S. No.	Name of the market area	Proposed purchase quantity of the notifiedagricultural produce
(1)	(2)	(3)

22. I/We declare that I/We have read and understood the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972, rules and bye-laws framed thereunder. I/We will adequately comply with them and they will be acceptable to me/us.

It is requested that by accepting Licence fee amounting to Rs and Security Rs for the year. SPECIAL LICENCE for doing business in the shown/specified market area may kindly be produced for the year 1st April, to 31st March....

Place :	Signature of the Applicant and Seal
Date :	(including designating capacity)

DeclarationI/We, the applicant hereby solemnly declare that the information submitted above in the application is true to the best of my/our knowledge and belief and has correctly been recorded and no information is concealed.

2. The applicant has properly read the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, rules, bye-laws, manual. By complying with the arrangements provided in them business of notified agricultural produce will be undertaken.

3. No case is pending before the Market Committee or any Court pertaining to the payment of notified agricultural produce due to the sellers or market fee due to the Market Committee.

4. Licence provided to the applicant will be liable to be suspended or cancelled on contravention of the arrangements provided in the Act, rules, bye-laws, manual.

5. The applicant assures that the orders/directions issued by the Board or the Market Committee will be fully complied with.

6. The applicant is submitting all the prescribed necessary fees and documents enclosed with the application for licence.

Enclosure : 1..............

2.

.............

3.

.............Place :Date :Signature of Partners/DirectorsFor Office use only

1. Received total Rupees Paise (in words Rupees) as per the Money Receipt No dated and entered in Licence Register at Serial

No....

(Clerk)

(Accountant)2. The verification of account books produced by the applicant for......has been made with the Ledger by the specified Market Committee and the market fees rupees and Nirashrit Shulk Rs has been got deposited on the value of purchases made by the applicant for the whole year.

For the financial year the applicant has submitted as below the FDR/Bank Guarantee for Rs.........being the proportionate equivalent amount for the value of a single day maximum purchase of the proposed notified agricultural produce in the specified market areas for purchases :-

(a)FDR/Bank Guarantee No..........Name of the Bank for Rs.

(b)Bank Guarantee for Rs............Name of the Bank......

(Accountant)(Asstt. Secretary) (Secretary)

5. No/Date of the order issued regarding rejection of special licence

In case of gran	Licence No. …...............
Dealing Assistant	Notified Authority/Officer

Form II[See Rule 5]DeclarationI/We, hereby declare that the daily maximum purchasing capacity of notified agricultural produce of all the purchase centres, established by me/us in the specified market area is Quintals/bales, and the maximum value of purchase of a single day is Rupees......

2. I/We, also undertake that the full payment of the notified agricultural reduce, purchased by me/us at the purchase centre will be made on the same day under the conditions of Section 37.

3. I/We also undertake that in the event of contravention of conditions of Section 37, on the sixth day my/our licence will automatically stand cancelled under clause (c) of sub-section (2) of Section 37 and for next one year no licence will be granted to me/us or to any of our relatives under this Act and on being so I/we have no objection.

4. It is also undertaken by me/us that I/we will not purchase notified agricultural produce more than the quantity declared. If the quantity more than the declared capacity is purchased by me/us or if my/our purchase capacity is increased, then FDR and/or Bank Guarantee for the additional account of trust/security in proportion to the increase in purchase capacity will be submitted in favour of Board, immediately.

5. I/We undertake that in case the undertaking given as above and the provisions of the Act, rules and the bye-laws are contravened by me/us, then the administrative Market Committee and the notified authority/officer will have power to cancel my/ our licence in which I/we do not have any objection.

6. I/We also declare that on the date of application following movable immovable property is available on my/our name on which my/our ownership is legal:-

1.	Movable Property	Name of theBank	AccountDeposit	NumberAmount
	(a)	Deposit Amount in Current Account
	(b)	Deposit amount in Savings Account
	(c)	Amount in Fixed Deposit.
	(d)	Other Deposit amount

Total

2.	Immovable Property	Place	Area	EstimatedMarket Value
	(a)	Land
	(b)	Building/Shop/Factory/Godown
	(c)	Other Property

I/We hereby declare this also, that the undertaking given above by me/us is fully correct and certified.Place:Date :Signature of the Authorised personName of the applicantDesignation/CapacityFull AddressOffice of the Notified Authority/officer M.P. State Agricultural Marketing Board 26, Arera Hills, BhopalForm III[See Rule 2]Special LicenceFor Business of Notified Agricultural Produce in more than One Market Areas

1. Shri/Smt./Kum./Messers/Firm (Full address) has/have been granted the special Licence on (dated) for business of the mentioned notified agricultural produce in more than one market areas noted below under Section 32-A of the Act:-

S.No.	Name of the Specified market area in which thelicence is granted for business	Name of the concerned Market Committee/committees	Name of the approved purchase centres under thespecified market area	Place the business, of address of the office	Name, designation and address of the head ofoffice
(1)	(2)	(3)	(4)	(5)	(6)

2. This special licence will be effective from the date......to 31st March........but on contravention of provisions of the Act,rules and they bye-laws framed thereunder it may be suspended or cancelled at any time.

3. This licence may be suspended or cancelled on the following main grounds :-

(1)On not making due payment of agricultural produce to the farmers in the specified market area.

(2)On not making payment of the market fees, Nirashrit Shulk as per provisions and within the given time limit under the Act, rules and bye-laws.

(3)On having found evading the market fees maintaining the forged permit, receipts or other forged market records and produce or got produced forged documents.

(4)On having found defaulter by not making payment of amount due to the Market Committees or the Board as per notice within the time limit.

(5)On not producing the prescribed periodical returns within the time limit fixed by the Act, rule and bye-laws.

(6)On having found disobeying the directions issued from the Board, Market Committee.

Place :
Date:	( )
Seal of the Office	Notified Authority/Officer
of Issuing Licence.

Form IV[See Rule 11]Certificate Regarding Individual SecurityIt is certified that Shri/Smt./Kum Son/Wife/Daughter of Shri. Firm/Company/Society wishes to function as trader in the specified market area as under and for this purpose he/she/it is hereby applying to the notified authority/officer.

S. No	Name of the Market Committee of the specifiedmarket area
(1)	(2)

1. List of the purchase centres to be established has been enclosed with the application for purchase of the notified agricultural produce, in the shown/specified market areas by the applicant.

2. It is also certified that the FDR/Bank Guarantee No prepared in favour of Board at District has been given, declared in Form VI (R), pertaining to the daily purchase capacity by me/us for maximum value Rs of a single day purchase of notified agricultural produce, as trust/security or Rs In case of contravention of provisions of Section 37, the FDR/Bank Guarantee deposited as trust/Security may be used by the notified Authority/Officer at any time in making payment to the seller through the secretary of the administrative Market Committee.

3. It is also certified that if the full payment of notified agricultural produce purchased at the purchase centre is not made to the sellers on the same day by the applicant, then the power will vest with the Secretary of the administrative Market Committee to make payment of due amount to the seller from the FDR also, prepared as above in favour of the Market Committee.

4. It is also certified that as a result of deposit of amount by above FDR/Bank Guarantee Sellers do not have risk of payment of his agricultural produce to be purchased by the applicant.

Place :	Signature of authorised person
Date :	Name of applicant
Designation/Capacity.

Form V[See Rule 15]Pertaining to Special Licence for Purchase of notified agricultural produce in more than one market areasName of the Purchaser trader/firm holding Special Licence.......Special Licence No Agreement Form No...Issue Date......

1. Name of the specified market area Name of the purchase centre......

2. Name of Seller....Address.......................

3. Name of Agricultural Produce.........Type (If any).......Estimated Quantity, Bags/Bales..................................

4. Rates as per agreement/Rate per Quintal/Bale Rs.............

Signature of SellerSignature of authorised representativeof purchaser, Trader firm......................Name.....................................................Actual weight/quantity of agricultural produce mentioned in agreement form.

1. Stuffing 2. No. of Bags/Bales 3. Total Weight/Quantity

(Weight/Quantity in words Signature of Weightman/Operator)Conditions.-(1) Agreement is made that for the agricultural produce mentioned above, the purchaser is bound to purchase and the seller is bound to sell, Denial will not be made to accept the agricultural produce of the seller directly by the Purchaser, In case of denial to accept, action will be taken under the provisions of bye-laws. The licence of the Purchaser will be liable to be suspended or cancelled to contravention of the agreement.

(2)On the same day of weighment, the payment of the agriculture produce will be made to the seller as per agreement. In case till payment is not made on the same day, from the next day, at the rate of one percent, per day, additional payment will be made to the sell within five days.

(3)In case the payment is not received on the same day, the seller will inform the Market Committee. After five days the complaint will not be entertained.Form VI (R-1)[See sub-rule (2) of Rule 31]Purchase of Notified Agricultural Produce(S)Name of the Licence Holder Firm/Trader......Licence No (Period of report, from (date).........to (date)......)

S. No.	Name of the specified market area	Name of the Agricultural produce	Opening Stock of the fortnight Wt./Qty.
(1)	(2)	(3)	(4)

In the fortnight from different sources
Purchase from Market/sub-market yard	Purchase at purchase centres	Purchase in specified market area on bills	Purchase from out of market area on permits	Purchase from out of the state on bills	Total Purchase (5+7+9+11+13)
Wt/Qty.	Value	Wt/Qty.	Value	Wt./Qty.	Value	Wt/Qty.	Value	Wt./Qty.	Value	Wt/Qty	Value
(5)	(6)	(7)	(8)	(9)	(10)	(11)	(12)	(13)	(14)	(15)	(16)

Stock available for Sale (4+15) Wt.Qty	Due Market Fees	Purchased as Market Fees paid	Market Fees Deposited
Wt./Qty. on which Market fees is due	Value on which Market fees is due	Wt./Qty. on which Market fees has been paid	Value on which Market fees has been paid	Amount (Rs.)	Receipt No,/Date
(17)	(18)	(19)	(20)	(21)	(22)	(23)

For Despatch/Use/sale	Total Sale/depatch during the fortnight Wt/Qty.(24+25+26+27)	Balance stoch during the taring Wt./Qty. (17-28)
Sale on bills to Traders in/to specified marketarea	Own use for processing/ despatch/Sale	Sale/desptach on permits out of market area	Sale on permits out of the State
(24)	(25)	(26)	(27)	(28)	(29)

Note.-1. For Column Nos. 9, 11, 13, list pertaining to the Name, Address, bill No., Date, name of the Agricultural Produce, Weight/Quantity including total, of Seller Trader will have to be enclosed necessarily.

2. Regarding Column Nos. 24, 25, 26 & 27 :-

(a)The list of Local sale within the market area in which Name of purchase trader, Bill No., Date and total of quantity issued by Trader firm, and

(b)Permit No./Bill No., date, Name of Purchaser trader, Place and quantity including total regarding despatch/sales out of the market area or the State, be enclosed compulsorily, without it the report will not be accepted and the information submitted will be treated to be incomplete which will be the reason for taking action under sub-rule (2) of Rule 32.

3. To enclose a verified photocopy of the processing register with report as above is also necessary in the case of own use for processing regarding Column 25.

It is certified that above information is based on the certified, true and correct accounts and documents available with the firm and is given by scrutiny/reconciliation is fully correct.

Place.........	Signature of the Trader/Representative of theFirm....
Date.........	Name...............................................................................
	Designation....................................................................

Form VII[See sub-rule (4) of Rule 20]Register of daily purchases at the purchase centre in the specified market areaName of the Holder of Special Licence.......................................Name of purchase centre..................................Date...................Name of the Incharge of purchase centre....................................Designation/Capacity..................................................................

S. No.	Name of purchaser	Address	Name of the produce purchased	Quantity/Weight	Rate (Rs.)	Value of the agricultural produce	Amount paid (Rs.)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

No./Date of sale voucher	Date of the submission of sale voucher to theadministrative Market Committee	Quantity of the agricultural produce purchased atthe purchase centre during this year till previous day	Value of the agricultural produce purchased atthe purchase centre during this year till previous day
(9)	(10)	(11)	(12)

Signature of Manager/Incharge of Purchase CentreName :...........................................................................Designation/ Capacity.................................................Form VIII[See sub-section (2) of Section 37 and Rule 15 (3)]Sale-VoucherPayment of Value of Notified Agricultural Produce, purchased in the specified Market AreasBook No Sale Voucher No Date of issue..............................

1. Name of the purchaser trader. Name of the market area

Name of the purchase centre...............................

2. Name of the Seller....Address............................

3. Executed Agreement Form No................................

Name of the agricultural produce	Actual weight/Qty. after weighment as peragreement form	Rate, as per agreement form (Rs......per.....)	Value of the produce
(1)	(2)	(3)	(4)

Additional payment in case of delayed payment(Rs.)	Amount of Hammali/Weighment recovered as perbye-laws (Rs.)	Net payment made to the seller
(5)	(6)	(7)

(Signature of authorised representativeofPurchaser trader/firm)

(Signature of Seller)

Note.-It is necessary to make payment to the seller on the same day under sub-section (2) of Section 37 and in case of delay, at the rate of one per cent per day of the value, additional payment will have to be made necessarily by the purchaser under clause (b) of sub-section (2) of Section 37.(Name of the Trader Firm)Purchase of Agricultural Produce in the specified market Area, other Market Areas and form outside the State(concerned with Column No. 2,3,4,4 of Form VI fortnightly report)

S. No.	Name of the Agricultural produce purchased	Purchased Quantity/ Weight	Value of the produce	Name of the Seller trader who sold the produce	Place	Bill/Permit No.	Date of the Bill/Permit
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

Certified that the information given above is based on the accounts and documents of the trader firm duly examined and is correct.Date...................Signature of representative offirm...............Name.............................................................Capacity.........................................................(Name of the Trader Firm)Fortnightly Return regarding Sale/Despatch of notified Agricultural Produce from specified Market Area(in reference to Column No. 5,7,9,11 & 13 of Sale/Despatch)

S. No.	Name of the Agricultural produce	Name of the purchaser trader to whom the produceis sold	Place	Issued bill No.	Date	Quantity of the produce	Value of the produce
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

Certified that the information given above is based on the accounts and documents available with the trader firm duly examined and is correct.Date..............Signature of representative...............Name...................................................Capacity..............................................

Legal Document View

Unlock Advanced Research with PRISMAI

State of Madhya Pradesh - Act